CHAPTER 1. That Kingly Government is the best Government.

IN government there are fiue things to be conside­red; first, potestas; secondly, ordo; thirdly, modus; fourthly, titulus; and fiftly, vsus.

First, there must be a power to exercise government; Fiue things in Go­vernment. secondly, order, that some command and some obey, some to be superiors and some to be inferiors; thirdly, the manner, whether the governement be Monarchicall by one, or Aristocraticall by moe; fourthly, the title whether it be by Succession, or Election; and last the vse, how they exercise this Authoritie.

That there should be a power and order in Govern­ment, What things essentiall and what accidentall in Government. these two are essentiall in all Governments, no Government can stand without these two; but the man­ner, whether it be by one or by moe; and the title, whe­ther it be by Succession or Election; and the vse, whe­ther they governe well or not; these three are but acci­dentall in Government.

Of these two sorts of Government Monarchicall is Monarchicall the best Government. the best.

Levi ben Gerson vpon the 1 Sam. 8. holdeth that Ari­stocraticall Their reasons who hold Aristocraticall Government to be the best. Government is best, and to be preferred to Kingly Government; learne, saith he, what hath be­fallen us under the hand of Kings; David caused the [Page 5] plague to come upon the people. 2 Sam. 24. 15. Ahab restrained the raine for three yeeres. 1 King. 17. and Ze­dekiah caused the Sanctuary to be burnt, 2 Chro. 36. 14. and the Iewes apply that saying of Hos [...]a, I gaue them a King in mine anger, and tooke him away in my wrath. Hos. 13. 11. That is, I gaue them their first King Saul in mine anger, and I tooke away their last King Zedekiah in my indignation. But the Iewes distinguish not well here be­twixt Wee must distinguish betwixt the parts of a Kings person, and the faults of the Office. the faults of a Kings person, & the calling it selfe; good Kings did many excellent things amongst them; for David a man according to Gods owne heart, fought the battels of the Lord, 1 Sam. 25. 28. appointed the or­der Kings haue beene the Instruments of much good. of the Priests, and Levites, and Singers, 1 Chro. 24. and 25. He made many Psalmes to the prayse of God. And Salomon who succeeded him, built the Temple, wrote many excellent Proverbs and Parables, 1 King. 4. 32. And kept peace in Israel, that every man might dwell safely vnder his owne Vine-tree, and vnder his Figge­tree, 1 King. 4. 25.

Now that Monarchicall Government is the best go­vernment, Reasons prooving Mo­narchicall government to be the best. it is proved thus.

Kingly or Monarchicall Government resembleth Gods government most, Reason 1 which is Monarchicall; so it resembleth Christs government most in the Church.

Kingly government is the fittest government to re­presse Reason 2 sinne; for when there was no King in Israel, eve­ry man did that which he pleased; Micah set up an Idol. Kingly government fit­test to represse sinne. Iudg. 18. and they defiled the Levites Concubine, be­cause there was no King in Israel. By King, here is not meant any other sort of government, but Kingly go­vernment, as is evident, Iudg. 18. 17. There was no Ma­gistrate [...] haeres in­terdicti a [...] heredi­tare, vel possidens reg­num, [...] possi [...]ere [...] regnum. then, but in the originall it is, there was no heire of restraint then to put them to shame, Ioresh gnetzer, which may be interpreted either haeres interdicti, or possidens regnum, there was none to possesse the Kingdome, or [Page 6] there was not an heire of restraint. Here two things are to be observed; first, that that is the best governement which restraineth sinne most; secondly, that that go­vernment which is by an heire of restraint, is fittest to represse sinne; but the governement Monarchicall is such, and not Aristocraticall, for it commeth not per haeredem, but onely by Election. Obserue what GOD himselfe saith to his people, Deut. 17. 20. that he may prolong his dayes in his Kingdome, he and his children in the midst of Israel. Here the Kingdome goeth by succes­sion, and not by election; here was an heire of restraint to represse sinne.

It is objected, if Government be hereditary, then Object. wicked Cambyses will succeed to good Cyrus.

So in Kingly government, good Hezekiah succeeded Answ. to Idolatrous Ahaz, and if we receiue good at the hands of God, why should we not receiue evill also, Iob 2. 10?

Thirdly, they alledge Iosephus testimony, Object. of the Iewes dealing with Pompey to change their Government, Lib. 4. Antiq. 5. and that they would be no longer under Kings; and so they bring Lactantius citing Seneca, speaking of the Com­mon-wealth Lactantius lib. 17 c▪ 15. of Rome▪ Pueritiam sub caeteris regibus egisse, ait, a quibus auctam & disciplinis plurimis institutis (que) for­matam; at verò Tarquinio regnante, cum jam quasi adulta esse caepisset, servitium non tulisse; & superbo jugo domina­tionis rejecto, maluisse legibus obtemperare quàm regibus.

When the Iewes wished that Pompey Answ. might change the government, The Romanes finde fault with the person of their King, and not with his Office. they wished onely, that they might be more gently vsed; they blamed the persons, and not the government simply; and so the Romanes were wea­ry of Tarquinius government, but they were not weary of Kingly government, as long as their Kings ruled them well.

Their Deduction then seemeth not to haue a good ground, who simply doe preferre Aristocracie to Mo­narchie; [Page 7] first, they say Moses was extraordinarily cal­led, and Ioshua succeeded him; and after that, the go­vernment of the Synedrion or Seventie was setled a­mongst them, whose government was Aristocraticall, Nomb. 11. The Iudges were set up but for a time over them, and they were raysed up extraordinarily; and then the government was still the Lords, as wee see in the example of Gideon, Iudg. 8. and of Iephthe, Iudg. 9. And after, that the Iudges had ruled & governed them, then came Saul, whose government arose from the dis­contentment of the people, but they say it continued in the house of David especially, because he was a type of Christ; but simply they say, that God liked Aristo­cracie best.

But seeing the Lord was minded to giue the people of the Iewes a King, and telleth them what King he would God was minded to giue the Iewes a King. choose, Deut. 17. How liked he Aristocracie best? and he liketh that government here. Iudg. 18. 17. which is by the heire of restraint or the heire of the Kingdome.

The Conclusion of this is, let us be thankfull to God Conclusion. for our gracious Kings Government, and that there is now an heire of restraint, to put wicked men to shame, and to curbe the sonnes of Belial.

CHAPTER II. An Explication of Iothams Apologue.

THe Holy Ghost teacheth us in the Scriptures by Si­militudes, God teaches us by Si­militudes, Parables, and Apologues. Parables, and Apologues; and as a cun­ning Painter, the more vive that his Colours are drawn [Page 8] in the purtraiture to expresse the image, wee commend Simile. him the more; but when wee see an Image made by some Archimedes, that is [...], to mooue it selfe, nod with the head, and roll the eyes, we commend that much more; So all the comparisons and similitudes in the Scripture, are laid out as it were in vive Collours to us. But there are two Apologues brought in in the Two Apologues onely found in the Scriptures. Scriptures, this of the trees Iudg. 9. and that 2 King. 14. 9. how the Thistle of Lebanon propounded mariage to the Cedar in Lebanon, where the trees are brought in walking and speaking, which affect the mind more than plaine Similitudes; and in these we must not so much looke to the Letter, as to that which they call [...], or the thing signified by the Apologue.

Iotham bringeth in here the trees anointing a King, All the trees refuse the Government. and they make choise of three most excellent trees; the Oliue, the Figge, and the Vine-tree, and they all refu­sed, and then they make choise of the Bramble. The The trees described by their properties. three excellent trees which refuse the government, the Oliue, the Figge, and the Vine-tree, are described by three properties; the Oliue for his fatnesse, the Figge-tree for its sweetnesse, and the Vine-tree because it cheared God and man: The Oliue Iudg. 9. 9. saith, should I lea [...]e my fatnesse, wherewith by me they honour God & man; in the Hebrew it is Hehhadalti, as if it should say, [...] ex hiphil & hophal compositum, sensus est, vestris [...]e ver­bis persuasa ita missam facere pinguedinem m [...] ­am, juxta hiphil, & [...]a ipsa quo (que) priver & de­ficiar juxta hophal, ni­hil (que) amplius h [...]b [...]m in me commendabile. The trees serue for a naturall, civill, and religious use. will yee perswade me with your faire words to l [...]aue my fatnesse, that I should be altogether deprived of it, so that I haue nothing left in me worthy of commen­dation.

And if we will compare these three trees together, we must consider them first as they serue for naturall uses; secondly, as they serue for civill uses; and thirdly, for religious uses; and then we shall see the excellency of these trees.

First, in their naturall use; consider the wood of the [Page 9] Oliue how farre it excelleth the wood of the Fig-tree, The wood of the Oliue tree excelleth the rest. or the Vine-tree; The Cherubims were made of the O­liue tree, 1 King. 6. 23. which was a wood both of in­durance fit to be carved or cut, better than the Algum or Almug trees which Hiram sent to Salomon, 1 King. 10. 11. and it was better than the Cedar of Lebanon; the wood of the Fig-tree was but a base sort of wood, but the Vine-tree is the basest of of all, Ezek. 15. 2. 3. will a man take a pinne of it to hinge any vessell, it serveth for no vse if it be not fruitfull; it is like the salt, if it loose the savour, it is good for nothing, Mat. 5. 13.

Secondly, consider the fruit of these trees; the Vine is Their use in naturall things. uvifera, the Oliue is baccifera, and the Figge-tree is po­mifera, and they serue for most excellent uses in nature; the Wine serveth to cheare the heart of man, Psal. 104. 15. and Pro. 31. 16. giue Wine to him that is of a sad heart, so the Oyle maketh the face to shine, Psal. 104. 15. and it is good for the anointing of the body. A Romane being asked how it came to passe that he lived so long? he said intus melle, & foris ol [...]o: it is fit for the anointing of the [...] qui ungebat, [...] qui un­ctus fuit, ab [...] ungo. body: therefore those who wrestled of old were called Aliptae.

Secondly, they haue good use in curing of wounds, the Samaritane powred Wine and Oyle in the mans wounds, Luk. 10. 34. and the Figge is good to mature a boyle; the Lord commanded to lay a lump of Figges to Hezekias boyle, Esay. 36.

For civill uses, the Oyle excelleth the Wine and the unguentum militare. conv [...]vale. funebre. Figge, for by me they honour man, Iudg. 9. 9. There is Vnguentum militare, wherewith their Kings were anoin­ted to goe out as their Captaines before them to the Battell; so David was anointed amongst the midst of his brethren to be their Captaine and King, 1 Sam. 16. 13. Secondly, there was Vnguentum convivale, Eccles. 9. 8. Let not Oyle be wanting to thy head, and let thy clothes [Page 10] be white. And thirdly, was Vnguentum funebre, as that box of Oyntment which was powred vpon Christs head, Math. 26. 12.

Now let us consider them in their spirituall uses, as The spirituall use of these trees. they served for the worship of God; vnder the old Te­staments the Wine and the Oyle were used in their Sa­crifices, the Oyle in their Meat-offering and the Wine in their Drinke-offering; so in anoynting their High Priests; but the Figge had no use in their Ceremoniall worship; but in his worship under the Gospel the Wine goeth before the Figge or the Oliue, for it is the signe of our Lords bloud in the Sacrament.

The Oliue, the Vine, and the Figge tree, fitly repre­sent These trees fitly repre­sent a good King. a good King; the Oliue for his fatnesse to cure and heale their wounds, Esa. 3. 7. Non ero Hhobhes, I will not be a healer. The Seventie translateth it, [...] ligator vul­nerum; [...] Ligator vulnerum. it is the part of a good Prince to powre Oyle in the wounds of his wounded Subjects. Secondly, the Figge tree for his sweetnesse representeth a good King. 1 King. 12. 7. If thou wilt be a servant unto this people, and serue them this day, then they will serue thee for ever. So David spake mildly and sweetly to the people, 1 Chron. 28. 2. Heare me my brethren and my people. Thirdly, the Vine-tree representeth a good King; the Wine gladdeth the heart, so the light of the Kings countenance is life, and his favour is a cloud of the latter raine, Prov. 16. 15.

When these trees which were excellent for their fruit Three refused the Go­vernment, Debora, Gide­on, and Iephthe. had refused the Government, then they made choise of the Bramble for their King; the Bramble represented a bad King. First, the Bramble bringeth forth no fruit; Secondly, the Bramble hath no shadow to shadow the The many evils which the Bramble brought with it. rest; thirdly, Rhamnus the Bramble is full of prickles, whatsoever it toucheth it holdeth fast, and it maketh bloud to follow; it was with this sort of thorne where­with Christ was crowned; the Italians call it Spina san­cta: [Page 11] Fourthly, the fire came from the Bramble and did not onely burne the shrubs of the field, but also the Cedars which were tall, which might haue seemed to be exempted▪ from this tyrannie.

The Persians said of Cyrus their King, that he was their Father, and Darius their King was [...], a Vintner [...]. who sold them, but Cambyses their King was [...] their Lord who hardly ruled over them.

The conclusion of this is, a good King is much to be Conclusion. honoured for the great good he doth to his Subjects: First, he is the head of the people, and as all the mem­bers of the body will hazard themselues for the safetie of the head, so should the subjects for the safety of their Prince. Secondly, he is the Shepheard, and the Sub­jects are his flocke, but who feedeth a flocke and eateth not of the milke, 1 Cor. 9. 7. Thirdly, he is the husband and his Subjects are his wife, and therefore she is called a widow when she wanteth her King, Lament. 1. 1. What great lamentation doth a widow make when she wants her loving husband Iosias, then she poured her liver out vp­on the ground, her eyes failed with teares, and her bowels were troubled, Lament. 2. 11. Last, the Prince is the soule and the Subjects are the bodie, and the body should doe all things for the good of the soule; he is the breath of our nostrils, Lament. 4. 12. We see how many obligations the Subjects owe to their King.

CHAPTER III. Why was God angry with them for choosing of a King.

KIngly Government being the best Government, God was not angry simply with the Iewes for choosing of a King, but because they pre­vented the time. why was the LORD then angry with the Iewes for choosing of a King?

He was not angry with them simply for desiring and choosing a King, but for the manner of their choise; for God was minded to haue given them a King, but they would not stay the Lords leasure, but anticipated the time; therefore the Iewes say of them, comederunt immaturam uvam, the grape was not ripe enough as yet; wee may see that God was minded to haue given them a King, Deut. 17. because he telleth them what sort of King they should choose, and what he should doe; and they say, that he gaue them three things in com­mandement Three things given in commandement to the Iewes when they ente­red into Canaan. when they entered into Canaan; first, to choose a King; secondly, to roote out the Canaanites; and thirdly, to build a Temple for his worship: God was angry with them that they sought a King so long as good Samuel ruled over them; he was angry with them because they would haue a King to reigne over them after the manner of the Nations, Deut. 17. 14. I will set a King over me like all the Nations round about me, but thou shalt set them over thee whom the Lord thy God will choose: If they had said to Samuel, giue one to reigne o­ver [Page 13] us after thy death, because thy children are corrupt, 1 Sam. 8. 3. or giue us one who may governe us in e­quitie; this had beene no offence to God: but simply to desire a King like the Kings of the Nations, this was their sinne, and herein they rejected not Samuel, but God himselfe, 1 Sam. 8. 7.

How was God rejected when they chose a King, Quest. seeing Kings reigne by him, Prov. 8. and the Kings throne is Gods throne, 1 Chro. 29. 23. & 1 King. 2. 15.

The Lord did reigne over them in both these sorts of Answ. Government, but when the Iudges commanded and ruled them, they had not such an absolute Government The Iudges had not such absolute govern­ment over the people as the Kings had. as when the Kings reigned over them; the Iudges might make no Lawes, nor take tribute of the people as the Kings might doe; therefore the Lords immediate Go­vernment did more appeare when the Iudges ruled them, Iudg. 8. 23. I will not rule over you, neither shall my sonne rule over you, the Lord shall rule over you. And when they rejected Samuel here they said in effect, as the Iewes said when they disclaimed Christ, We will haue no King to reigne over us but Caesar, Ioh. 19. 15. When the Iudges Gods power did more appeare when the Iud­ges ruled, but his good­nesse and mercie appea­red more when the Kings ruled. ruled over them then Gods power did more appeare helping them by weake meanes; but when the Kings reigned over them, then Gods wisedome and his good­nesse did more appeare in setling a government amongst them, and making their Kings types of Christ. And as in Gods miracles his power did more appeare, but in his ordinary course working by nature his wisedome and goodnesse appeared more; so in these two formes of Government, his power did appeare more when the Iudges ruled over them; but in setling the Kingly go­vernment amongst them, his goodnesse and his wise­dome did more appeare.

The conclusion of this is, happie is that Kingdome Conclusion. when the King reigneth a me, per me, & propter me: a me [Page 14] when he is sent by the Lord; per me, when he is sustained and upholden by the Lord; and propter me, when he serues to glorifie God in his Kingdome.

CHAPTER IIII. What Samuel meaneth by Mishpat Hammelech. [...]

KIMCHI saith whatsoever is set downe in this Text, it is lawfull for the King to doe it, and therefore he interpreteth Mishpat Melech 1 Sam. [...] Lex Regis. 8. 8. This shall be the Law of the King, or this is the thing which the King may doe by the Law; the Chaldie Para­phrast paraphraseth it Nimusa, a Law.

Maymone expoundeth the words in this wise, he shall [...] Lex, chalda­icè. take your Beasts at the Kings price, and your Oliues and your Vines for to maintaine his servants in the Rambamfilius Maymone. Warres; and he saith in necessitate omnia pertinent ad jus regis, sed extra necessitatem non pertinent: But this is not the meaning of the place.

The Lord is describing here to them, that King which Samuel describeth a ty­rant, and not what a King may lawfully doe. he is to giue to them in his wrath, and not what a law­full King may doe; and Mishpat here signifieth not a Law, but the manner and custome of him who should doe such things, as 1 Sam. 2. 13. And the Priests [Mishpat] custome was with the people to take the flesh of the sacrifice that did not belong to him. Here it cannot be translated, it was the Priests Law, for it had beene sacrilegious theft in the Priest to haue taken any part of the sacrifice, but that which was due to him. So this should be the [Page 15] [ Mishpat] or custome of this King whom God sent in his wrath, that he should take any thing which he pleased from them, although it had not beene for necessary u­ses; but 1 Sam. 10. 25. the word Mishpat is taken in a­nother [...] Lex Regni. sense, then Samuel told the people [Mishpat Ham­melocha] the law of the Kingdome, and laid it up before the Arke. Here Mishpat is taken in another sense, how the King should rule the Countrey, and this Booke Samuel laid up before the Arke; but this Mishpat was not laid up before the Arke, but was set downe as a punishment for that people.

Now that this King which Samuel describeth unto them (whom God sent in his wrath) might not doe Reasons prooving that he was not a lawfull King, who is described here. these things to his Subjects by lawfull authoritie, the reasons are these.

First, God gaue them this King in his anger, and tooke Reason 1 him away in his wrath, Hos. 13. 11. Which cannot be said of any King in whom there is but the least sparkle of goodnesse.

Secondly, He will take your [ Cerem] not onely your Reason 2 Vines, [...] but also your Vineyards, as Ahab tooke Naboths Vineyard; whereas David bought from Arauna the Ie­busite the ground to build the Temple on.

Thirdly, He will take their tithes; either he will take Reason 3 these tithes from the Priests, and that had beene sacri­ledge; or else he will tithe the people over againe, and that had beene too hard a burden for them.

Fourthly, He will make your young men slaues, Reason 4 and your young women drudges; The Kings of Israel made no free men slaues. but the good Kings of Israel never did so, they set not the Israelites to any ser­vile worke, 2 Chron. 2. 17. And Salomon set the Israe­lites to be overseers over the worke of the Temple, but he set Strangers to doe the servile workes.

When the Holy Ghost describeth a good King, he calleth him Nadibh: and [...] in the New Testament, [...]. Bountifull Lord, Luk. 22.

In what Kings Quest. were these punishments accomplished?

The Iewes hold that they were not all accomplished in one King, Answ. some of them were accomplished in Reho­boam, 1 King. 12. 16. some of them in Ahab, 1 King. 21. and some in Omri, Micah 6. 16.

The Conclusion of this is, a good King seeketh not Conclusion. theirs but them, therefore good subjects should answer as an Echo, We and ours are thine; and the good King or Nadibb will answere, I and mine shall be ever for you my [...] Princeps, à ma­nificentia at liberalitate sic dictus. people. When the Master sendeth his servant away with his reward, and the servant doth his dutie faithfully, then it is called [...], Mat. 20. 2.

CHAPTER V. A Difference betwixt the Election of Saul, and the Election of David.

FIrst Saul was chosen but out of the tribe of Benja­min, but David out of the tribe of Iuda; and the Kingdome was intailed to him and his posteritie, but not to the posteritie of Saul. In Christs genealogie none is called a King but David onely.

Secondly, Saul was chosen by lot, but David more Saul was chosen by lot, David immediately. immediately by God; and even as Matthias when he was chosen by lot, his calling was not so solemne as Pauls was: so neither was the calling of Saul so solemne as was the calling of David, Non tam misit Deus Saulum quàm permisit populo.

Thirdly, when he speaketh of David, he saith 1 Sam. [Page 17] 13. 14. Quaesivi, Bikkesh est diligenter inquirere, Cant. 3. [...] diligenter inqui­rere. Exod. 4. 19. 2 Sam. 22. 33. And he was as glad in fin­ding of him, as the Widow was when shee found her groat, who called in her neighbours to rejoyce with her when she had found it, Luk. 16. 9.

Fourthly, Quaesivi mihi, est dativus Commodi. Zach. 9. Mihi est datirus commo­di, id est, in commodum meum. 9. Behold thy King commeth unto thee; that is, for thy profit and benefit. So David was the King that would serue for the Lords glory.

Fiftly, he chose David according to his owne heart, this was verbum amoris; and there was great similitude betwixt Davids heart, and Gods owne heart. The Iewes obserue concerning David, that when he had sinned in numbring of the people, God said to the Prophet, Goe tell David, 2 Sam. 24. 12. 1 Chron. 21. 10. Giving him How the Lord calleth David his servant. no other title but David; as Kimchi marketh upon that place; but when he had a purpose to build a house for the Lord, then he said Goe tell my servant David, 2 Sam. 7. 5. 1 Chron. 17. 4. Shewing what account he maketh of such, and how acceptable men are to him, when they seeke his glory, and the good of his Church. So when the people had committed Idolatry, the Lord calleth them Moses people, Goe get thee downe, for thy people Why God called the Israelites Moses people. which thou broughtst out of Aegypt, haue corrupted them­selues, Exod. 32. 7. He calleth them not my people, be­cause they were blotted with such a blot as was not to be found in his children, Deut. 32. 5. Now because Da­vid was a King fit for Gods worship, see how friendly he speakes of him, I haue sought to me a man; that is, an excellent man.

Sixtly, according to my heart; I made not choise of God chose not David for his stature. him for his comely stature, as the people made choise of Saul, but I chose him because he was a man according to mine owne heart.

The Conclusion of this is, 1 Sam. 16. 7. a man judgeth Conclusion. [Page 18] according to his eyes, but the Lord looketh to the heart; the Carntos hab [...]re oc [...]los quid. Lord hath not eyes of flesh, Iob 10. 4. That is, he looketh not to outward qualities as men doe; but his eyes peirce into the heart; and he made choise of David, because he saw his heart was upright. The heart of the Prince is the object of the eye of God.

CHAPTER VI. Of the anoynting of their Kings, and whe­ther the Kings and Priests were anoynted with thesame Oyle or not.

ALthough the anointing of the Kings and Priests How the anointing of the Kings and Priests pertaineth to the Iudi­ciall Law. was a thing ceremoniall under the Law, yet thus farre it falleth under the Iudiciall Law: first, what Kings and their sonnes succeeding them were a­nointed; secondly, whether the Priests and the Kings were anointed with the same Oyle or not.

There were three sorts of persons anointed under the Law, Kings, Priests, and Prophets.

All the Priests were anointed at the first, both the All the Priests at the first were anointed. high Priests and the inferior Priests, Levit. 8. but af­terwards onely the high Priest was anointed and his sonnes after him, Levit. 6. 21. & 21. 10. & 16. 32. there­fore he was called the anointed of the Lord.

The Priest when he was anointed, first, he was anoin­ted How the Priest was anointed. with Oyle, secondly, sprinkled with bloud, and thirdly, with bloud and oyle, Levit. 8. The first was up­on his head, the second upon his flesh, and the third up­on his garments.

So the King was anointed, but the Kings sonne was What Kings were a­nointed. not anointed, if his father was anointed before him; one anointing served for both, because the Kingdome is the Kings inheritance for ever, Deut. 17. 20. But if there had beene a sedition, they did anoint him, to pacifie the people, and settle the sedition, and to make knowne who was the right King; as Salomon was anointed, because Maymone in his Trea­tise of the Implements of the Sanctuary, cap. 1. sect. 4. of the sedition of Adonijah, 1 King. 1. and Ioash because of Athalia, 2 King. 11. and Ioahaz because of his bro­ther Iehojakim, 2 King. 23. 30.

Whether were the Kings and Priests anointed with Quest. the same Oyle or not?

There were foure Kings anointed at the first with common Oyle, called the Oyle of Balsom; but not with holy Oyle. First, Saul was anointed with this common Foure Kings anointed both with cōmon oyle, and with the holy cyle. Oyle when Samuel first anointed him, this was done in Rama, where neither the Sanctuary nor holy Oyle were; secondly, he who was anointed with this common oyle was David by Samuel at Bethlehem; thirdly, Hasael and Iehu by one of the children of the Prophets, 2 King. 9. 1. And the Iewes say, that those who were anointed by the Prophets, were anointed with common Oyle; but those who were anointed by the high Priest were anointed with holy Oyle.

But Saul when he was made King over Israel at Miz­peh, was anointed with the holy oyle by the high Priest, and David was anointed with the holy Oyle at Hebron and at Ierusalem; when they were anointed before by the Prophets, it was but a preparation to this holy Oyle.

The Church of Rome holdeth that the King and the Becanus de jure regio. Priest were not anointed with the same Oyle, that they may advance the Pope aboue Princes: their reason is this;

None that had the holy Oyle upon his head might Object. [Page 20] lament for the dead. Levit. 21. 10. But the King might lament for the dead; therefore he was not anointed with the same Oyle wherewith the high Priest was anointed: they proue that the King might lament for the dead, as David did for Absolom, 2 Sam. 18. 33. so for Abner, 2 Sam. 3. 21.

Although the King and the Priest were both anoin­ted Answ. with the same oyle, yet the Priest is forbidden espe­cially to lament for the dead, because he was a more vive type of Christ than the King was; and concerning Davids mourning after the Beere; R: Iudah answereth, Why the high Priest might not mourne for the dead. that David did this to purge himselfe, that he was not guiltie of the bloud of Abner: and the Text saith, that the people and all Israel understood that day, that it was not Why David mourned for Absolon and Abner. of the King to slay Abner the sonne of Ner, 2 Sam. 3. 27. The ceremony gaue place here to the necessitie, he mourned that he might take the suspition out of the hearts of the people: and for his mourning for Abso­lom, his passion miscarried him.

Now the reasons proving that they were both a­nointed with the same sort of Oyle are these.

First, the Oyle wherewith the Kings were anointed, Reason 1 is called the holy Oyle: with mine holy Oyle haue I a­nointed him, Psal. 89. 27.

Secondly, these are the two Oliue branches that stood Reason 2 before the Lord, Zach. 4. 11. The Chaldie Paraphrast paraphraseth it thus; those are Zerubbabel and Ioshua, the Prince of the people, and the high Priest; because they were both anointed with the same sort of Oyle.

But there was none of this sort of Oyle in the second Object. Temple, therefore the high Priest in the second Temple was not called Vnctus Iehovae, but vir multarum vestium; he was distinguished then from the rest of the Priests by the severall Ornaments which he wore, but not by his anointing.

Although there was no materiall oyle in the second Temple, wherewith they anointed the King and Priest, yet the spirituall anointing was figured here, by the comparison taken from the anointing in the Temple. So Nehem. 7. 65. there was neither Vrim nor Thummim in the second Temple, yet by the forme in the first Tem­ple he expresseth what Priests shall be in the second Temple.

Thirdly, the King was in dignitie aboue the high Reason 3 Priest, but onely when the Priest asked counsell at the Lord for him, the high Priest stood when the King sate in the house of the Lord, 2 Sam. 7. 18. Is it probable then that he was anointed with an inferiour sort of oyle to that wherewith the Priest was anointed?

A comparison betwixt Davids anointing and Christ, David thrice anointed, so was Christ. David was thrice anointed; first, in Bethlehem secretly by Samuel; secondly, at Hebron; and thirdly, at Ierusa­lem: so Iesus Christ was anointed in the wombe of the Virgin; secondly, this anointing manifested it selfe more when he taught at Nazaret, Luk. 4. 13. 14. see Act. 7. 37. 38. And this anointing was fully manifested in his resurrection, Psal. 45.

David was anointed a King, but he was not an anoin­ted Prophet to attend upon that calling onely, as Esay and Ieremiah; but Christ was anointed both King and Prophet: Melchizedeck was a King and a Priest, but he was not a King, Priest, and Prophe [...], as Christ was. None anointed King, Priest, and Prophet, but Iesus Christ. Samuel was a Priest and a Prophet; but he was not a King, Priest, and Prophet, as Christ was. There was never any anointed King, Priest, & Prophet, but Christ onely, and we are made in him regale sacerdotium, 1 Pet. 1. 9. a royall Priesthood.

It may be asked seeing all the children of God are Quest. called Mesichim, or Christs, whether is this Christs proper name, or is it an appellatiue name?

It is but his appellatiue name, and Iesus is his proper Answ. name, but yet by way of excellencie, it is appropriate to Christ; all Christians are Mesichim, but Christ is Hame­shiah, that anointed of the Lord, Luk. 2. 26. He is not so much called the anointed in concreto, as the oyle in abstracto, Esay 10. I will take away the yoke for the Oyles Christ called the oyle. sake, that is, for the anointeds sake Iesus Christ.

The Pope claimeth to be aboue Kings in his anoin­ting, Conclusion. in state, and worldly dignitie; therefore this shew­eth him to be that man of sinne, who exalteth himselfe a­boue all that are called gods, 2 Thess. 2. 4. that is, aboue all Princes and Kings.

CHAPTER VII. How the Kings of Iudah and Israel, brake this Commandement in multiplying riches.

ITis lawfull for Kings to multiplie riches by lawfull meanes; first, of their owne proper inheritance, How the Kings of Iu­da and Israel might multiplie riches. 1 Chron. 29. 3. this the Hebrewes call Segulla, I haue of my owne proper good. Secondly, the King may mul­tiply his riches by husbandry, as Vzzia did, 2 Chron. 26 10. So by tributes and gifts given unto him by other Nations, 2 Chron. 17. 5. in token of their homage and subjection. So with things purchased by lawfull warre from captiues, 2 Sam. 8. 10. and 1 Chro. 18. 22. 2 Chro. 15. 7. So for the safetie of his Country, and for the good of his Subjects, he may require tributes and taxations from the people, and more than ordinary Subsidies, [Page 23] which all turnes to their good: for as the vapours which are drawne up to the Clouds, are not reserved there, but are sent downe to the earth againe to water it, and to make it fruitfull; so the Subsidies which the King exacteth from the people this wayes, come backe againe to their use, to keepe and to defend them.

David had great riches, and he got his riches three How David came by his riches. wayes: first by his tributes; secondly, by the spoyle of his enemies; for he fought twentie battels, and got all the spoyle from the enemies; and thirdly, he had ar­gentum capitationis, the pole-money of all the people; and all this he laid up for the building of the Temple of the Lord; therefore he saith 1 Chro. 22. 14. Now behold [Begnaneij] in my povertie or affliction, I haue prepared for [...] in afflictione mea. the house of the Lord an hundreth thousand talents of gold, &c. Why calleth he it, his povertie? because he had nothing but that which he had from the Lord, 1 Chron. 29. 16. And therefore he would returne it backe againe for the building of a house to him: here David multi­plied silver, but not contrary to the law. So Salomon Salomon how he came by his riches. exceeded all the Princes of the earth in riches, his Do­minion was from the river of Egypt to Euphrates; and from Libanus Northward, to the Mediterran Sea, all those were tributaries to him; the Queene of Sheba brought out of Arabia Faelix much spices to him, 1 King. 10. And he had three Navies that came home e­very third yeere with gold and pretious stones; and the whole twelue tribes payd tribute to him: he did not here contrary to the law, that the King should not mul­tiplie riches, but that blessing was then fulfilled in him which was made to Abraham, that his seede should pos­sesse, from the river of Egypt to Euphrates.

The Law saith, Deut. 17. 17. Non multiplicabit sibi [...] valde [lo jarbe lo meod,] in 2 Chron. 32. 27. it is said of He­zekias that he had exceeding much riches: [Harbe meod,] [Page 24] the very same words which are in the interdiction, did Hezekias gather his riches contrary to the law here? Not; the meaning of the law then is this, that a King should not multiplie gold and silver, to put his confi­dence in them, or for unnecessary uses; and it seemeth that Salomon brake not this law untill the Temple was built, the Citie enlarged, and the warres ended; then for him in his old age to lay such heavie tributes and taxa­tions upon the people, was to multiplie riches unto a wrong end: when Salomon gaue gold and silver at Ieru­salem as plenteous as stones, 2 Chro. 1. 15. This was law­full to giue to his Subjects, but Eccles. 2. 8. he sayes, I gathered me also silver and gold, when he gathered it onely to satisfie his covetous desire, and not for neces­sary uses, that was the transgression of the Law.

The next part of the interdiction was this, that he should not multiplie horses to himselfe.

The end of this interdiction was first, to take away all commerce and dealing with the Egyptians; for having commerce with the Egyptians, & bringing horses from thence, they were in danger to be infected with Idola­try. Secondly, he forbad them to multiply horses, least Why God forbad them to multiplie. they should trust in them, Psal. 20. 7. Some trust in Cha­riots, and some in Horses, but we will remember the name of the Lord our God. He forbad to multiply horses to trust in them, therefore the Lord commandeth Ioshua 11. 6. Thou shalt hough their horses, [Tegnakker Susehen] subner [...] Subnervahis equos. equos, thou shalt not kill them, but cut the mast [...]r­sinew, and make them unfit for any service and warre hereafter, that they might doe no service against the people of God afterwards: they might take Camels Ioshua why comman­ded to hough the hor­ses. and Asses in the Battell, Numb. 31. 11. and such bcasts as were not fit for the warres, and if at any time they reserved any of the Horses, it was but a small number: so we see 2 Sam. 8. 4. that David of a thousand Chari­ots [Page 25] and seaven hundreth horsemen which he tooke in the warres, reserved onely horses for an hundreth Chariots; but he houghed all the rest of the Chariot horses, he left them so, that they might serue for other uses, but not for the warres, and he reserved here but the tenth part of them; Salomon at the first was commended for the multitude of his horses, because he kept them for the defence of the Countrey; but the Law forbiddeth When horses and silver may be multiplied. to keepe them for unnecessary uses, for ostentation, or for trusting in them, and so Salomon fell afterwards to multiplie horses and gold exceedingly, but not for ne­cessary uses; and see how Esay is a Commentary to this law, cap. 2. 7. 8. and sheweth us the end of this inter­diction, when he saith, the land is full of silver and gold, Multiplying of horses and gold, draw them to Idolatrie. neither is there any end of their treasures; their land is also full of their horses, neither is there any end of their Chari­ots; their land is also full of Idols. Here we see why the Lord forbiddeth them to multiplie horses, because these drew them to make a league with Idolaters, and made them worship Idols.

Thirdly, the King is forbidden to multiplie Wiues, The heathens multiply Wiues. Pro. 31. 3. Giue not thy strength to women, nor thy wayes to that which destroyeth Kings; the Heathen Kings gaue themselues much to haue many wiues: Asshuerus com­manded, that through all his Provinces which were an hundreth twentie and seaven, that the most beauti­full Virgins should be brought to him, Esth. 2. 3. And Darius had as many wiues as there are dayes in the Iusti [...]i. lib. 12. yeere; but Salomon exceeded them all in the number of his wiues.

The number of Salomons Wiues and Concubines are The reconciliation of these two places King. 11 3. and Cant. 6. 8. concerning Salomons Wiues. reckoned diversly, 1 King. 11. 3. it is said that he had sevē hundreth wiues Princesses, and three hundreth Concubines: but Cant. 6. 8. there are sixtie Queenes and eightie Concu­bines, and Virgines without number: where he alludeth [Page 26] to the number of Salomons wiues: Genebrard goeth a­bout to reconcile the places this wayes, that Salomon at the first had but sixtie Queenes, and eightie Concu­bines; but afterward their number came to seven hun­dreth wiues, and three hundreth Concubines; but this reconciliation cannot stand; for then it should follow that Salomon wrote the Canticles before he repented; but the true reconciliation is this, although he had seven hundreth Queenes, yet he had sixtie of them who were Sixtie Queenes which were in favour with him. most in favour with him, and honoured by the people, and these are set downe, Cant. 6. 8. and they were brought forth that day that Salomon maried Pharaohs daughter, and when they saw her, they praised her beautie and dignitie, and they said, who is shee that looketh out at the windows as the morning; the whole number of his Wiues and Concubines seemeth to haue beene a thou­sand, Eccles. 2. 28. Of men I haue found one of a thousand, but I haue not found a woman amongst these thousands.

This Law that the King should not multiplie wiues, The Iewes restraint of multiplying wiues. the Iewes restrained it to eighteene wiues; they say that David the King had sixteene wiues, 2 Sam. 15. 16. the King left ten women which were Concubines to keepe the house; these Concubines were his wiues, and besides it is said, 1 Chro. 3. 6. that he had six wiues moe, in all he had sixteene. So Rehoboam had eighteene wiues, 2 Chro. 11. 21. And they adde farther, that David had six wiues before Nathan came to him, 2 Sam. 3. 13. then the Lord said unto him, 2 Sam. 12. 8. if that had beene too little for thee, I would haue overmore given thee such & such things; the word is twice repeated here [ Cahenna ve cahenna] [...] quot illae quot illae, twelue moe make in all these eight­teene wiues which David might haue had; and the Tar­gum paraphraseth that place, Deut. 17. 17. Ne multipli­cet [...]xores ultra octodecem, ne depravent cor ejus; and Salo­mon Iarchi upon Deut. 17. he shall not multiplie wiues [Page 27] aboue eighteene, because we finde that David the King had but eighteene wiues. Yee see upon what a sandie ground they build this: they say that David and Reho­boam brake not this commandement, because they con­tained themselues within the number of eighteene; but Salomon who exceeded the number, he brake the com­mandement.

To multiplie wiues was altogether against the law; Multiplying of wiues was against the Law. for they two shall be one flesh, bindeth him as well that sit­teth upon the throne, as him that draweth the water and heweth the wood: but this to multiply horses and gold, is but secundum quid against the Law; that is, it is not Multiplying of horses not altogether against the Law. simply forbidden, but onely for unnecessary uses, and to put their trust in them; but to enable them for the defence of their Countrey, and benefit of the Estate; that is not forbidden.

CHAPTER VIII. A comparison betwixt Salomons Kingdome and Christs.

DAVID prayed for his sonne Salomon, that the Lord would giue his Iudgements to the King, and he compareth his Kingdome to the Moone; Salomon Kingdome compared to the Moone. for as the Moone borroweth her light from the Sunne, so he beggeth of the Lord, that he would giue light to Simile. his sonne Salomon to direct him: and as Astrologians obserue, that when the Moone is joyned with a bad [Page 28] Planet, then her influence is bad; but when she is joy­ned with a good Planet, then her influence is good; so Salomon in his Government when he was joyned to Idolatry, and strange women, then there was a bad in­fluence upon his Government; but when he tooke the direction from the Lord, then his Kingdome flourished. Plinius de Gemmis. There is a stone in Arabia called Selenites, which grow­eth with the Moone, Simile. and decreaseth with it; when the Moone is in the wane, yee cannot see the stone in the perfect colour; but when the Moone is at the full, then the stone groweth againe to the full: so Salomons King­dome, as long as he got light from the Lord it waxed; but when he turned once from the Lord, it decayed daily. Last, it was like the Moone, the Moone in twen­tie eight dayes finisheth her course, fourteene dayes to the full, and fourteene to the wane; so from Abraham Salomons kingdome like the Moone in waxing and waning. to Salomon fourteene generations, then the Moone was at the full; then from the end of Salomons dayes untill Zedekiah were fourteene generations; and then his King­dome decayed and waned.

Salomon the King when he judged Israel he sat in a throne, 1 King. 10. 18. and the King made a great throne of Ivorie, and overlaid it with the best gold; the throne had six steps, and the top of the throne was round be­hinde, and it stood in the porch of Iudgement where he judged the people, 1 King. 7. 7. and there were stayes in each side in the place of the seat, and two Lyons stood behinde the stayes, and twelue Lyons stood there, sixe The difference betwixt Salomons throne of Ivo­rie and the brazen scaf­fold. on the one side and sixe upon the other upon the sixe steppes, and there was not the like made in any Kingdome, 2 Chron. 9. 17. This throne of Salomon was called Soli­um Domini, because he judged the Lords judgement there; and it differed from that pillar which stood in the Temple, for that was a pulpit in which they read the Law, 2 Chro. 6. 13. and it was called [ Cijor] but this [...] Suggestus. [Page 29] throne was called Cisse, and it stood in Domo Libani, [...] thronu [...]. next adjacent to the Queenes Palace; it was made of I­vory, which was in great request amongst the Iewes; and Salomon alludeth to it, Cant. 4. 6. thy necke is like a Allusion. Tower of Ivorie.

There were sixe Lyons upon the one side as he went What the Lions signi­fied on every side of the Throne. up to his throne, and sixe upon the other, a Lyon at e­very steppe; these Lyons on every side signified that all the twelue tribes were subject to Salomon, and acknow­ledged him as their King; and the two Lyons which stood before the stayes signified, that the two tribes Iu­da and Benjamin should not depart from Salomon, but continue with him, and his posteritie, to be stayes to uphold his Kingdome; which was signified by the gar­ment of Ahija the Shilonite, rent in twelue p [...]ices, ten were given to Ieroboam, and two onely left to Rehoboam Salomons sonne, 1 King. 11.

And the Iewes write, that as he ascended upon every The admonitiōs which they gaue the King when he ascended to his Throne. In Zonorenna P. Shophat. steppe or degree to his throne▪ a cryer cryed to him thus; upon the first steppe he cryed, [ lo titeh Mishpat] judicium ne inclinato, wrest not judgement; secondly, when he ascended upon the second steppe he cryed un­to 1 [...] 2 [...] 3 [...] 4 [...] 5 [...] him, [ lo tikir panim] personam ne respicit, accept no persons in judgement; when he ascended upon the third steppe, he cryed unto him, [ lo tikahh shohher] munus ne recipito, take no bribes; when he ascended upon the fourth steppe, he cryed [ lo tittang lech asherah] non plan­tabis lucum, thou shalt not plant a grove; when he as­cended upon the fift steppe he cryed unto him [ lo takim lech matzebah] noli erigere statuam, set not up a pillar; when he ascended upon the sixt steppe, he cryed unto 6 [...] him [ lo tizbahh shor] ne mactato bovem, kill not an Oxe, that is, sacrifice not to Idols: as he ascended by degrees, so the admonitions did grow by degrees, from justice to haue a care of religion; and as the Iewes had Psalmos [Page 30] graduum, Psalmes of degrees which they sang when they ascended to the Temple; so these were admonitio­nes graduum, that he should not pervert justice, that he should absteine from Idolatrie, that he should not plant a groue, nor erect a pillar for Idolatrous worship, and that he should not sacrifice to Idols. The twelue Prin­ces of Israel sat round about this throne; and Christ al­ludeth to this forme, yee shall sit upon twelue thrones, jud­ging Allusion. the twelue tribes, Luk. 22. 30.

Now let us compare Salomon with Christ; A comparison betwixt Salomon and Christ.

First, in their name, Salomon was jejidia, beloved of 1 God, but Christ was the onely beloved sonne of his Father.

Secondly, in his anointing, Salomon was onely a­nointed, 2 and all the rest of his brethren secluded from the Kingdome; but we are anointed by Christ, and re­ceiue grace for grace from him, Ioh. 1. 16. and are made coheires with him, Rom. 8. 17. in his Kingdome; here is a greater than Salomon.

Thirdly, Salomon was crowned his Father being aliue, 3 here was Leo & catulus Leonis, the Lyon and the Lyons whelp; so Christ thought it not robbery to be equall with the Father, and to reigne with him, Phil. 2. 6. here is a greater than Salomon.

Fourthly, Salomon was obedient to his Parents, so 4 Christ, Ioh. 8. 49. I honour my Father, that is, my hea­venly Father, and he went home and was obedient to his Pa­rents, Luk. 2. 51. Here is a greater than Salomon.

Fiftly, by Salomons mariage, friendship was made up 5 betwixt Egypt and Israel; but Christ marrying his Church, friendship is made up betwixt God and man; here is a greater than Salomon.

Sixtly, in the extent of his Kingdome, Salomons King­dome 6 reached but from the Mediterran Sea to Euphra­tes; but Christs Kingdome reacheth to the ends of the [Page 31] earth, Psal. 2. 8. I will giue thee the ends of the earth for a possession; here is a greater than Salomon.

Salomon exceeded all the Princes of the world in ri­ches; 7 but in Christ are hid all the treasures of wisedome and knowledge, Col. 2. 3. here is a greater than Salomon.

Let us compare Salomons pietie and Christs, Salomon 8 Christ and Salomon com­pared in pietie. built the Temple; but Christ was both the Temple, Priest, Sacrifice, and Altar; Salomon offered an hun­dreth thousand Bullockes; but Christ offered a greater Sacrifice, even himselfe upon the Crosse; here is a grea­ter than Salomon.

The Kings of the earth were subject unto him, but 9 Christ Revel. 17. 14. had written upon the hemme of his garment, Rex regum, & Dominus dominantium, the lowest thing which is in Christ, is aboue all the Princes of the earth; here is a greater than Salomon.

When Salomon went to the Temple, he had foure and 10 twentie thousand to guard him with their Targets out of Li­banus, 1 Chro. 27. 1. and 2 Chro. 11. 12. and when he went to bed, he had threescore valiant men about him of the va­liant of Israel, Cant. 3. 7. But Christ hath ten thousand times ten thousand, and thousands of thousands of Angels at­tending him, Revel. 5. 11. here is a greater than Salo­mon.

Let us compare them in their wisedome, Salomon 11 Christ and Salomon com­pared in wisedome. for his wisedome had a large heart, like the sand of the sea: 1 King. 4. 29. Obserue his wisedome in deciding the matter betwixt the two women, 1 King. 3. the thing was done in the night, there were no witnesses, no probable conjectures favouring the one more than the other, the allegations of the Mothers both alike, no difference be­tweene the childrens age; Salomon gathered that shee was the mother who had the bowels of compassion to­wards the infant; Counsell in the heart of man is like deepe waters, but a man of understanding will draw it out. Pro. 20. [Page 32] 5. Salomon by his understanding drew out here who was the mother of the living childe, but he must haue some meanes whereby to know this; but Christ to whom darkenesse is as light, he seeth the secrets of the heart, and all things are naked before him, Heb. 4. 13. here is a greater than Salomon.

His Iustice in punishing Ioab and putting Abiathar 12 from the Priesthood; but Christ shall put downe all his enemies, and purge his Church of hirelings, Mat. 21. 12. here is a greater than Salomon.

Lastly, all the earth shall be blessed in Salomon. When the Iewes blesse any man, they pray for him after this manner, Beneficus sit tibi Deus ac liberalis, ut praestitit se erga servum suum Salomonem, this was but fulfilled in type in Salomon; but the truth was fulfilled in Christ, Esa. 65. 16. He who blesseth himselfe on the earth, shall blesse himselfe in the God of truth: & he concludeth this Psalme for Salomon, Amen, Amen, Psal. 72. 19. Salomon was not he that could effectuate the prayers of the Church; but Christ is that true and faithfull witnesse, who is yea and Amen, Revel. 3. 14.

Salomon being such a vive type of Christ, Quest. whether Arguments prooving Salomons repentance. might he haue beene thought to haue beene a reprobate or not?

He cannot be thought to be a reprobate; for first, Answ.

He was the Penman of the Holy Ghost, & they were Reason 1 holy men, Luk. 1. 70. As he spake by his holy Prophets.

The Lord heard Salomons prayer, and accepted of his Reason 2 sacrifices, 1 King 3. 6. which he never did in any obla­tion of the wicked, Esay 1. 11. 12. 13. so Ioh. 9. 31. We See Pro. 15. 8. know that God heareth not sinners, that is, Impenitent sin­ners.

Thirdly, He is set downe as an example of Imitation, Reason 3 2 Chro. 11. 17. Rehoboam in the first three yeares of his Raigne followed the footsteps of David and Salomon; hence [Page 33] it followeth, that Salomon being set downe as an exam­ple Salomon set downe as an example of good. of Imitation for good, that he died a penitent and reconciled to God; and as the evill beginnings of Ma­nasseh, discommended the evill end of Ammon; so the good beginnings of Rehoboam, commended the good end of Salomon.

When the Kings of Iuda and Israel are set downe for Rules to be observed concerning examples. examples, these Rules are to be observed.

First, when the wicked father liueth in his sinnes, and Regula 1 dieth in his sinnes, and his sonne is said to walke in his wayes, and follow his example, then the bad sonne died miserably as his father died. 2 King. 15. 9. Zachariah is said to haue done that which was evill in the sight of the Lord, as his fathers had done; he departed not from the sinnes of Ieroboam, the sonne of Nebat, who made Israel to sinne.

Secondly, when the wicked King repenteth him of Regula 2 his sinnes, and his bad sonne is said to follow his exam­ple, then it is to be understood, that he followed his ex­ample in his first yeares, and sinfull dayes. Example. 2 King. 21. 20. it is said of Ammon, that he walked in all the wayes that his father Manasseh walked in, and served Idols which his father Manasseh served; This is to be understood onely of Manassehs first dayes, and not of his last dayes, when he repented him of his wicked­nesse.

Thirdly, when a bad King repented him of his wic­kednesse, Regula 3 and his sonne is commended for following of his wayes; then it is to be understood, that he followed him in the end of his life, and not in the beginning; as 2 Chron. 11. 17. Rehoboam in the first three yeares of his Reigne followed the footsteps of David and Salomon.

Fourthly, If the beginning of a King be good, and his Regula 4 end bad, then his sonne is never said to walke in his wayes, although he be a good man. Example, Asa be­gan [Page 34] well, yet because he fell away, 2 Chron. 10. 10. therefore good Iehosaphat is never said to walke in his wayes. And the Lord giueth the reason of this, Ezek. 16. 24. When a righte [...]us man turneth away from his righ­teousnesse▪ and committeth iniquitie, his former righteous­nesse shall be no more remembred. And againe, when the wicked turneth away from his wickednesse, and doth that which is lawfull and right, he shall liue.

Salomon is censured by the Holy Ghost, not that he had utterly forsaken God, but that he went not fully after the Lord; or that his heart was not perfect as was the heart of David his father.

The Conclusion of this is; Salomons Kingdome flou­rished Conclusion. so long as he followed the Lord; therefore Reli­gion is a strong pillar like Iakin or Bognaz to uphold a Kingdome; otherwise it will stand but upon brickle feete of yron and clay, as Nebuchadnezzars Image did, Dan. 2. 33.

CHAPTER IX. Whether Rahab was a betrayer of the Citie of Iericho or not?

IT may be said against Rahab, first that shee was an Things objected a­gainst Rahab for re­ceiving the Spyes. Harlot, and therefore no marvell that she was so rea­die to betray the Citie in which she was borne, re­ceiving the Spyes into her house.

Secondly, when the King sent unto her, she answered him not as a dutifull Subject ought to haue done, but [Page 35] hid the Spyes in her house, and let them downe by a Cord through the window, and taught them how to escape, and when the Searchers came to seeke them, she said, she knew not what men they were, or whither they were gone; whereas in the meane time, she had brought them up to the roofe of the house, and hid them with the stalkes of Flaxe, which she had laid upon the roofe in order, Iosh. 2. 6.

But it may be said in defence of Rahab, that the know­ledge Object. which she had from the Lord exempted her from treason, as not being bound any more by the common Law, she becomming now a member of the Church, and so had no more to doe with that Societie wherein she lived before.

Grace taketh not away the bonds of nature, neither Answ. doth the Law of God take away the Law of nature, but Grace takes not away the bonds of nature. rather establisheth it, 1 Pet. 2. 5. Feare God and obey the King: a King and his Subjects are Infidels, some of his Subjects are converted to the faith, as it fell out in the Apostles dayes, that the Emperors remaining Infidels, yet sundry of their Subjects were converted to the Christian faith. Did their Christianitie loose the bond of obedience which they ought to their Emperour? God forbid; but confirmed it rather, therefore the A­postle willeth to make all sort of supplication for them, 1 Tim. 2. 1.

But Rahab was free from the crime of treason, for Rahab was free of trea­son. first God revealed unto her, that the Israelites were to take this Citie, and destroy it. Secondly, she knew that whether she had discovered the Spyes, or hid them, yet the Citie should be destroyed: wherefore it was best for her in the destruction of the Kingdome which she could not saue, to saue her selfe, and her own houshold; and here she conformed her will to the will of GOD; and as he is no traytor, who yeeldeth an Hold to the [Page 36] Prince of the Land, although it be contrary to the will of him, who hath commandement over the Hold: so when Rahab yeelded the Citie to the Lord, contrary to the will of the Inhabitants of Iericho, she is not be re­puted Heber made a covenant with the Canaanites and with the Israelites. a betrayer of the Citie for that. Heber the Kenite and his wife made a covenant with the Canaanites, and a covenant with the Israelites the people of God; now there was warres betwixt the Israelites and the Canaa­nites; Sisera the Canaanite flieth into the tent of Iael the wife of Heber the Kenite; What shall she doe in such a case? If she kill Sisera, then she breaketh her covenant with the Canaanites; and if she let Sisera goe f [...]ee, then she will fight against the people of God, and destroy them; here her wisedome teacheth her what to doe, Iael had a civill league with the Canaanites, but a civill and spirituall league with the Israe­lites. to kill the Canaanite with whom she had onely a civill league, and to saue the Israelites, with whom she had both a spirituall and a civill league.

There were three sorts of the Nations, with some Three sorts of stran­gers with whom the Israelites had to doe. they might haue faedera commerciorum, as David and Sa­lomon made with the King of Tyrus, 2 Sam. 5. 11. 1 King. 5. 12. of whom it is said, he made this covenant with them, according to the wisedome which God had given him. So Christ sought water of the woman of Samaria, and David fled to the King of Gath for a refuge. Secondly, there were the A [...]monites and the Moabites, Deut. 23. 6. Ye shall not seeke their prosperitie all your dayes; that is, ye shall not enter into covenant of friendship with them, but yet Deut. 2. 19. they are forbidden to make warre against them. And so the seven Nations they were not to seeke their good, but yet upon submission they were to accept of them. Thirdly, there were the Amalekites, and these they were utterly to destroy.

Rahab was saued, although she was a Canaanitish and How the law of the de­stroying of the seven Nations is to be un­derstood. one of the seven Nations who were to be destroyed; for that law, that the seven Nations should be destroy­ed, [Page 37] should be interpreted by another law, to wit, they were to be destroyed, unlesse they had submitted them­selues, and became tributaries unto the people of God, Deut. 20. 10. When thou commest nigh a Citie to fight a­gainst it, then proclaime peace unto it; and it shall be, if it make the answere of peace, and open unto thee, then it shall be that all the people that are found therein, shall be tributaries unto thee, and they shall serue thee. So 1 King. 9. 26. And all the people that were left of the Amorites, Hittites, Peri­zites, Hivites, and Iebusites, which were not of the children of Israel, their children which were left after them in the land, whom the children of Israel also were not able utterly The Canaanites were bond-slaues to Sa­lomon. to destroy, upon those did Salomon levie a tribute of bond ser­vice unto this day. And it was the people of the seven Nations, who hardned their hearts, with whom Ioshua tooke not peace, Iosh. 11. 19. 20.

When the Gibeonites came to Ioshua, if they had told him the truth, that they were a people that dwelt a­mongst them, and that they came not from a farre Countrey, but were Canaanites indeede, and came to seeke their peace, (which they did not for feare) then Ioshua was bound to haue spared their liues upon their submission: and whereas the men of Israel said then, Peradventure yee dwell among us, and how shall wee make a league with you? Iosh. 9. 7. The meaning is, we cannot make sociale faedus vobiscum, but onely deditionis, that is, Faedus Sociale. Deditionis. we cannot make a covenant or league of mutual friend­ship with you, but wee may take you as servants and slaues, if ye submit your selues; and if it had beene sim­ply Ioshua might make a league of peace with the Canaanites, but not of mutuall friendship. unlawfull to haue made any sort of league with the Canaanites, then the posteritie of Saul would not haue beene punished for the breach of this oath. Ambrose saith well, Pacem quam dederant non censuerant revocan­dam, quia firmata erat sacramenti religione, nedum alieni perfidiam arguat, suam fidem solveret; that is, they held [Page 38] that it was not lawfull to break the oath that was made, least finding fault with other mens falshood, he should become perjured himselfe.

Ioshua was a type of Christ; as Ioshua sent messengers Ioshua a type of Christ. to the Canaanites to receiue either peace or warre: so the Lord hath sent his Faeciales into the world, to bid them either receiue peace or warre; and as Rahab held Rahab a type of the Church. out a red threed to be a signe that whosoever remained in her house, should be saued; and they who went out of it, should be killed: so there is no salvation to those who are without the Church, which is marked with the bloud of Christ, Act. 2. 47. Rahab being the first fruits of the Gentiles, implied that the Gentiles should be re­ceived into the Church, and be saved.

CHAPTER X. Whether the Kingdome of Iudah or Israel were the best Government?

IT may seeme at the first, that the Kings of Israel did more formally proceed by way of Iustice, than the The Kings of Israel proceeded by way of Iustice formally. Kings of Iudah did; the Kings of Israel did not pro­ceed by way of arbitrary Iustice, neither was there any peremptory execution upon the will of the King. When Naboth was to be stoned to death, the matter was hand­led after a judiciall forme, which might haue given sa­tisfaction to the ignorant people, who knew not the device and secrecy of the matter.

But the Kings of Iudah proceeded by their absolute The Kings of Iudah proceeded by abso­lute authoritie. authoritie, as may appeare in some of them, who tooke away their Subjects liues by their absolute authoritie, without any order of law, or processe in Iudgement. David killed the Amalekite; and againe, he seemeth to What things objected to David. haue broken his oath, swearing that nothing should be­fall Shimei, and yet he biddeth his sonne Salomon put him to death; thou art a wiseman, and knowest what thou Ioabs worthy deeds reckoned up. Ioab was Davids kins­man. hast to doe, 1 King. 2. and so caused to kill Ioab who was Davids neere kinsman, and who had undergone many dangers for the glory of God and the good of the Church, 2 Sam. 10. And he dedicated many of the He gaue many things to the house of the Lord. spoyles which he had taken in the warres to the house of the Lord, 1 Chro. 26. 8. he fought for his Countrey all Davids time; he was faithfull to the King, he stood for David against Saul, he followed him still, although he was banished, and at that time when he was made Captaine, 2 Sam. 18. he did represse the sedition of She­ba, Repressed the sedition of Sheba. even when David would haue put him from his place, and put Amasa in his stead, 2 Sam. 20. 4. It was he that forbad the King to number the people, 2 Sam. 24. Disswaded David to number the people. It was he who first invaded Sion, 1 Chron. 11. It was he who by his wisedome taught the woman of Tekoa to obtaine pardon for Absalom; It was he that was most Reconciled Absalom to his father. skilfull in the warres; It was he that fought against the Syrians, and the Amorites, and all the enemies of the Subdued many wicked Nations. Church; and it was he who in modestie when he had gotten the victory, refused to take the praise to himselfe, but sent for the King that he might get the praise of the victorie, 2 Sam. 12. 28. He was not [...] or implaca­ble; when Abner sought peace at him, he willingly granted it, so did he to the people of Abel, 2 Sam. 20. He had good successe in his vvarres. He had good successe in the warres, he was a terror to all his enemies, 2 Sam. 10. as to Hadarezer, the Edomites, &c. therefore it may seeme that David by his absolute [Page 40] authoritie, caused him to be put to death unworthily. And as for Salomon, he seemeth most unjustly to haue What things objected to Salomon. killed his brother Adonijah; for first, he was Davids el­dest sonne now aliue; secondly, his father loved him most dearely; thirdly, he never did find [...] fault with him for seeking the Kingdome, and Salomon might seeme here to be too rigorous; for Titus a Heathen Suctonius lib. 9. Prince was more mercifull to his brother, for when his Heathen Kings louing to their brethren. brother did affect the Kingdome, yet notwithstanding he lovingly embraced him, and disswaded him from that course; and Seneca writeth of the like in his first booke of Clemencie, cap. 9. how Augustus spared Cinna, and made him of a foe a friend.

But if we shall consider that the Kings of Iudah, espe­cially David and Salomon Prophets. David and Salomon being directed by the spirit of God immediately, had a better warrant to proceede by their sole authoritie, than the Kings of Israel had, we David in killing the A­malekite sinned not. shall be of another minde: and where it is objected, that David killed the Amal [...]kite onely upon his owne confession; the confession out of ones owne mouth, if When one may be con­demned upon his owne confession. it be the confession of one that is well at himselfe, and is not wearie of his life, and if he stand constantly at it, then the confession out of his owne mouth is sufficient, Luk. 19. 22. Wicked servant, out of thine owne mouth will I judge thee. Secondly, this Amalekite gloried that he had killed Saul, and so flattered David: and lastly, he was an Amalekite, against whom the Lord had given out sentence long before, that they should all be killed with the sword, and the Lord was wroth with Saul for sparing the Amalekites.

The second thing objected to David, is the breaking David brake not his oath in causing Shi­mei to be killed. of his oath in causing Shimei to be killed, when he had sworne that nothing should befall him; but it was not for his former railing that he was put to death, but for his new transgression; David saith to his sonne Salomon, [Page 41] Habes apud te, 2 Sam. 28. that is, confine him, and suffer him not to goe abroad; for he is a mightie man, and is able to gather together a thousand of Benjamin, 2 Sam. 19. 17. therefore Salomon makes him to sweare that he should never goe beyond the brooke Kedron under the paine of death, and he most willingly assented unto it, yet he brake his oath and went to seeke his fugitiue ser­vant, and for the breach of this oath, David comman­deth to p [...]t him to death, and Salomon caused to execute him, and after his first transgression, he is kept in ward here, and he is like a fish taken upon the hooke, but yet Simile. not pulled out of the water to be dressed by the Cookes.

But Salomon layeth to his charge that sin which was Object. forgiven him, 1 King. 2. 42. thou knowest what thou didst to my Father David.

Both David and Salomon pardoned this sinne but Answ. conditionally, that he should not fall into a new sinne; Shimei had his former fault pardoned condi­tionally. and even as an old Cicatrix being healed, if it get a new blow, is more dangerous than any other wound; so a fault pardoned, if the man fall into sinne againe aggra­vateth the sinne more; he was pardoned conditionally onely, that he should not transgresse againe.

But it may seeme too great a punishment for so small Object. a fault, going but out to seeke his fugitiue servant.

He was guiltie of treason, Answ. in setting light by the Kings commandement, Shimei how guiltie of treason. and he bound himselfe by an oath, if he did transgresse.

As for the killing of Ioab, all the commendations set David sinned not in causing Salomon to kill Ioab. downe for his prayse are nothing, if yee will compare them with his foule offences; that which he did for his Countrey maketh him not a good man; his skill in mi­litarie Ioabs vices. discipline, maketh him not a good man, but a good warriour; and justly he deserved death, for he would haue had the Kingdome from Salomon to Ado­nijah, [Page 42] hoping thereby to haue gotten preferment under He would haue Adoni­jah to be King. him; as Abner would haue had the Kingdome from Da­vid to Ishbosheth, and from Ishbosheth to David againe, onely for his owne advancement: so would Ioab haue Adonijah to haue the Kingdome, hoping thereby to get preferment to himselfe; therefore he was not to be rec­koned amongst the loyall and faithfull Subjects of the King.

And whereas the vertues are reckoned up, wee shall finde moe vices than vertues in him; first we shall see him delight to see one kill another, which he thought He delighted to see men kill others. to haue beene but a sport, 2 Sam. 2. 14. And looke to his cruell murthering of Abner and Amasa, he shed the He killed Abner and Amasa. bloud of peace as it had beene in warre: and when Ab­ner looked for no such thing, he traiterously killed him, neither was he a white moved when he was defiled with their bloud, when he saw the bloud both upon his gir­dle, and his shooes, he gloried in it; and he was readie to kill Vrijah at the commandement of the King; So he killed Absalom the Kings sonne, contrary to the Kings He killed Absalom. commandement. Wherefore Salomon being a Prince of peace, would not haue his servants turbulent like Ioab; Why Salomon killed A­donijah, Ioab, and Shi­mei. but would haue them, as Christ would haue his Disci­ples, not to seeke fire from heaven to be revenged upon the Samaritans, for then they knew not of what spirit they were, Luk. 9. 55.

Now for Salomons killing of Adonijah, we must not Salomon sinned not in killing Adonijah. judge rashly of Salomon, who had many excellent vertues in him; the great vertues which were in him, meekenesse, veritie, fortitude, and justice, were the foure Foure chiefe vertues found in Salomon. Horses, as it were, which drew his Chariot, Psal. 45. First, his meeknesse, he was the Prince of peace, and Salomons meekenesse in sparing Adonijah. therefore he pardoned. Adonijah, regnum auspicandum a clementia, for this procureth the favour of his subjects; so David would not kill Shimei in the beginning of his [Page 43] reigne; but Rehoboam that would not gratifie the people in the beginning of his reigne, his Kingdome prospered not. Secondly, his veritie; if thou be a good man, a Salomon [...] veritie in kee­ping his promise to A­donijah. haire of thy head shall not fall to the ground. Thirdly, his justice when he failed againe, justly he caused to put Salomons fortitude and justice. him to death. Fourthly, his fortitude; although Ado­nijah had a great faction which were against Salomon, yet he durst be bold to cause to apprehend him: so Sa­lomon for Adonijahs second transgression justly caused to execute him, and we are not to measure his heaven­ly wisedome by the morall vertues which are found in Titus and Augustus; Adonijah was guiltie of treason, for How Adonijah was guiltie of treason. he sought Abishaig onely for that end, that he might get the Kingdome. Secondly, he saith, that the Kingdome belongeth still to him; he was not like good Ionathan, who willingly gaue way to Gods ordinance, he knew well that the Lord had appointed the Kingdome for Salomon, 2 Sam. 7. The sonne which shall come out of thy loynes, shall build thy house, and succeede in the Kingdome: this was spoken after all his other sonnes were borne, & this aggravated all the rest of his sinnes, that he affected the Kingdome, his father being yet a­liue, and although his father was decrepit, yet he ruled by his Counsellours, and he was not weake in minde now although in bodie.

Wherefore wee may conclude, the Kingdome of Conclusion. Iudah to be the best government, and still to be prefer­red before the Kingdome of Israell.

CHAPTER XI. Whether the Iewes might chuse Herod for their King or not?

THe Iewes distinguish those who were Gentiles both by father and mother, from those who were borne Iewes. Those who were strangers both by father and mother, they called them Bagbag, by a contraction, for Ben ger, and Ben gerah, that is, fili­us [...] Filius Proselyti et Prose­lytae. proselyti & proselytae, and they were called [...]; but those who were Iewes both by father and mother, were called Hebraei ex Hebreaes, Phil. 3. 5. an Hebrew of an Hebrew, that is, both by father and mother they were Hebrewes, and they were called [...], and [...].

The Proselytes that were converted from Gentilisme Two sorts of Prose­lytes. to Iudaisme, were of two sorts; if they were newly con­verted, they were called Gerim, which the Seventie translate [...]; if they had dwelt long amongst [...] Extraneus [...] Inhabita [...]. [...] Inquilinus. them, then they were called Toshibhim, inquilini, and the Seventie translate them [...], as yee would say, Pari­shioners; such a stranger was Achir, Iudith 14. who be­leeved in God and was circumcised.

Those Proselytes who were converted to the faith, and continued in the faith of their Pa [...]nts, they were [...] Gentilis fun­damentalis. [...] Iudigenae. called [ Goi gnikkere] Gentiles fundamentales, that is, Gen­tiles who embraced the grounds o [...] Religion, and these became [ Ezrahhim] Indigenae.

These Proselytes although they were converted, yet When the Proselytes might enter into the Congregation. they might not enter into the Congregation untill the [Page 45] third generation, that is, they might beare no publicke charge untill that time.

God himselfe distinguished the Edomite and the E­gyptian Edomites and Egyptians distinguished from o­ther strangers. from other strangers, Deut. 23. 7. He will not haue his people to account them as other strangers, Thou shalt not abhorre an Edomite, because he is thy brother; and hence we may see, why the Iewes might choose The reasons why Herod might be King. Herod for their King: First, because he was an Idumean their brother; secondly, because he was the sonne of Parents who were Proselytes, Antipar & Antipas both Proselytes: Thirdly, he himselfe was a Iew by profes­sion, and standing in the third generation, therefore he might enter into the Congregation, and they might choose him for their King. Herodiani certaine wicked Iewes tooke Herod for their Messias, now if Herod had not beene accounted a Iew, they would never haue ac­knowledged him for their Messias.

The name of a Iew is taken sometimes largely, and The name [ Iew] taken strictly or largely. sometimes strictly; when it is taken largely, it compre­hendeth all which were Iewes by profession, Esth. 8. 17. many became Iewes.

Sometimes againe it is taken more strictly for those Iewes who dwelt on the west side of Iordan, and they were called Iudaei Hierosolymitani, the Iewes that dwelt about Ierusalem, Luk. 3. 1. Pilate was governour of Iuda, and Herod of Galilie; Iuda here is strictly taken; but sometimes Herod is called King of the Iewes, here it is largely taken, Mat. 2. 1.

So the name [ Gentile] is taken sometime strictly, as The name ( Gentile) ta­ken strictly or largely. Paul applieth it to the converted Gentiles, Galat. 2. 12. but when Christ said, Goe not into the way of the Gentiles, Mat. 10. 5. Here it is taken largely, for all the Gentiles.

But Iosephus calleth Herod but a private man, Object. there Lib. 14 cap. 11. &c. 17 fore it may seeme that the Iewes never acknowledged Herod for their King, and the Iewes said of Herod, Quòd non est rex, ne (que) filius regis.

The reason why he was called a private man was this, Answ. because he was not descended of the Priests; Why Herod was called a private man. for at that time the posteritie of David carried no sway amongst the people, but onely the posteritie of the Priests, and whosoever were not Priests, were called [ Gnim haaretz] [...] Populus terrae. populus terrae, see Iosephus lib. 14. cap. 12.

If yee will respect Herods first descent, then he may be called Alienigena, and not Iudaeus; in his first descent he is [...], and transcriptus, and his Kingdome may be called Malcoth Hagerim, the reigne of a stranger, but [...] because Herods father, and grandfather were not alto­gether strangers from the people of God (for they were Edomites and Proselytes) therefore he was not recko­ned as a stranger: but it fell out amongst the Iewes, as it did amongst the Romanes and Athenians, that those who were [...], and adscriptitij, were alwayes hated of those who were naturall and inbred Citizens: So the Iewes hated those who were Proselytes, because of the old hatred that was betwixt the Iewes and the Gentiles; and they made a Canon amongst them, Vt caverent sibi in decimam generationem a Proselytis.

We may conclude this point then, that the Iewes Conclusion. might safely choose Herod for their King now, being a Iew by profession, and descended of Parents who were Iewes by profession: and the latter Iewes distinguished not well betwixt Ger and Goi, who reckoned Herod ever to be a stranger.

CHAPTER XII. Whether Ishbosheth was a Rebell in affecting the Kingdome or not?

IT may be said of Ishbosheth, that he was no Rebell in Their reasons who hold that Ishbosheth sinned not in taking the Kingdome. accepting of the Kingdome after his father Saul was dead; for first, he was his fathers eldest sonne now liuing; and by the law of Nations, the first borne, or he that was in place of the first borne, did succeede, The first borne by the law of Nations succee­ded in the Kingdome. Exod. 11. 5. and 1 King. 2. 15. And so amongst the Edo­mites, the first borne succeeded in the Kingdome, 2 King. 3. 27. he tooke his eldest sonne who should haue reigned in his stead, and offered him for a burnt offering upon the wall.

Secondly, Ishbosheth had the consent almost of all the people, for eleven tribes acknowledged him for their King.

Thirdly, he had good successe amongst his Subjects; The successe that Ish­bosheth had. first, in Mahanaim; then amongst the Giliadites; thirdly, amongst the Ashurites; fourthly, in Izreel; fiftly, in Iu­da and Benjamin; and lastly, over all Israel, 2 Sam. 2. 9.

Fourthly, he reigned seven yeares amongst them, and by that it may seeme, that it was a setled Kingdome.

The thing that may be alledged against him is this, Object. that Mephibosheth was the sonne of the eldest brother, and therefore by right should haue succeeded before him. But Mephibosheth was a lame man, and an impo­tent Answ. [Page 48] creature, and was not fit for Government, and therefore by right the Kingdome succeeded to Ishbo­sheth. Inst. And if it be said, that David was appointed King by the Lord, we may say, that Ishbosheth knew nothing of this, and he was in bonafide: and moreover, Ans. David calleth him a righteous person, 2 Sam. 4. 9. therefore it may seeme that he did not usurpe or affect the King­dome wrongfully.

Now let us compare Ishbosheths affecting of the King­dome, Ishbosheth compared with Ieroboam in affe­cting the Kingdome. and Ieroboams affecting of the Kingdome; Iero­boam had the word of the Lord by Ahija the Prophet that he should be King, and he confirmed it unto him by a signe, in renting of the Cloke in twelue peices, thus much he had from the Lord; but he was a wicked and prophane man, and got the hearts of the people ra­ther by discontentment and mutinie than by heartie good will, and herein Ishbosheth farre exceeded him.

Againe, Ieroboams affecting of the Kingdome might seeme to be a revenge; for he fled away to Egypt from Salomon as a traytor, and now to be revenged upon his sonne, he draweth away the ten Tribes from him, and so Ishbosheths entering to the Kingdome seemeth to be better than his.

Ishbosheth notwithstanding of all that is said for him Reply. cannot be excused; he was his fathers eldest sonne, but the Kingdome goeth not alwayes by succession, it plea­seth Ishbosheth cannot be ex­cused for affecting the Kingdome. God to change this forme sometimes, as David was chosen King and not his eldest brother, and so was Salomon chosen and not Adonijah. And if it had come by succession, then Mephibosheth should haue succeeded and beene preferred before him, for although he was lame in his feete, yet he was not lame in his mind. And where it is said, that he had the consent of all the peo­ple, their consent is nothing without the consent of the superiour God himselfe, by me Kings reigne, Pro. 8. 9. [Page 49] God had declared long before, that Saul should not Saul could not be igno­rant that David should be King. reigne, but that David should reigne, and Ionathan gaue way to it, therefore he could not be ignorant of this, but being blinded by presumption, and misled by craf­tie Abner (who thought in effect to be King himselfe) he affected the Kingdome. And whereas David calleth him a righteous person; we must distinguish inter justitiam Iustitia causae. personae. causae, & justitiam personae, betwixt the righteousnesse of his cause, & the righteousnesse of his person, although he was otherwise a good man, yet he had not a good cause in hand; and if we shall joyne his cause and his death together, we may thinke that it was a just punish­ment of his Rebellion; for he was murthered by Baanah and Rechab upon his bed in his bed-chamber, 2 Sam. 4. 7.

The conclusion of this is; He that affecteth Gods Conclusion. Kingdome in the heaven, & he who affecteth his Kings throne upon the earth, shall both miserablie perish; and as God vindicateth his owne honour when any man claimeth it; so he vindicateth the honour of the King, if any man affect it. Feare God, honour the King. 1 Pet. 2. 17.

CHAPTER XIII. Whether it was lawfull for the Iewes to pay tribue to Caesar or not?

THe Iewes who were a people alwayes subject to The Iewes a people prone to rebellion. rebellion and mutinie, propounded this question to Christ, Is it lawfull for us to pay tribute to Caesar [Page 50] or not? As if they should say, we haue alwayes beene a The speech of the Iewes in defence of their li­bertie. free people, to whom many Nations haue payd tribute; we are a people who are commanded to pay our tithes and first fruits onely to the Lord. The Lord comman­ded us to choose a King of our selues and not a stranger, Deut. 17. How shall we then pay to Caesar who is but a stranger? Caesar hath taken us violently, and made us captiues, & daily his Publicans most unjustly oppresse us; how then shall we pay tribute to him? and shall we giue him this penny which hath an Image upon it, con­trary to the law of God which forbiddeth Images? And when we pay this wayes head by head this pennie to him, it maketh the Romanes insult over us, as if we were negligent of the worship of our God, & worship­pers of a false God. Who can abide to see how these Romanes haue abused, and doe still abuse the Temple of God? And how Pompey and Crassus haue robbed the Temple? And how they exact of us that penny that should be payd onely to the Lord? And if any Nation in the world haue a priviledge to free themselues from the slavery and bondage of strangers, most of all haue we Iewes, who are Gods▪ peculiar people; and we would gladly know, Master, what is thy judgement in this case, and we will stand to thy determination; if thou bid us giue it, we will giue it; but if thou forbid us, we will stand to our libertie, and vindicate our selues, as the Macchabees our Predecessors haue done. The Herodi­ans The Pharisies with the Herodians sought to in­trap Christ. came here with the Pharisies to Christ, waiting what word might fall from him; If Christ should haue an­swered any thing contrarie to the Romane power, then th [...] Herodians would haue fallen upon him; or if he had said at the first, giue this tribute to Caesar, then the Iewes would haue fallen upon him, as an enemy to their liber­tie. So they thinke to ensnare him what way soever he answered. But the Lord who catcheth the craftie in [Page 51] their owne craft, doth neither answer affirmatiuely nor negatiuely, but saith, Why tempt yee me? shew me a pen­ny, and he asked them, whose Image and superscription is upon the penny? they say Caesar; then our Lord infer­reth, that they were bound to pay it unto Caesar. And Christ reasoned thus; Those which are Caesars, and be­long not unto God, should be given to Caesar; but this penny is such; therefore it should be given to Caesar. The Assumption is proved, because tribute belongeth to the Conquerour, and he coyneth the money, & put­teth his Image upon it, in token of his Dominion over the Subjects, and they should pay it unto him as a to­ken of their subjection.

Shew me a penny. This was not the penny which was commanded to be payed to the Lord yearely.

The Iewes payed a threefold halfe shekell to the Lord. The Iewes under the Law payed a threefold halfe shekell. The first was called Argentum animarum, Exod. 30. 2. which every one payed for the redemption of his life. The second was Argentum transeunt is, that is, the halfe shekell which they payed to the Lord, when they were numbered head by head, 2 King. 12. 5. The third was that halfe shekell which they offered freely unto the Lord. This halfe shekell had Aarons rod upon the one side, and the pot with Manna upon the other; and when they were under the Romans, or captiues under any o­ther forraine Princes, the Maisters of their Synagogues used to gather this halfe shekell of them yea [...]ely, and send it to Ierusalem to the high Priest. This was not the penny which Caesar craved of them, for it had Caesars I­mage This tribu [...]e which Cae­sar [...]xact [...] wa [...] not the h [...]e sh [...]el [...] which was du [...] to the Lord. and superscription upon it. Neither would the Lord haue bidden them giue that to Caesar, which was due to God.

This Didrachma which they payed to Caesar was as much in value, as the halfe shekell; and Christ hims [...]lfe although he was free and the Kings sonne, yet he payed Christ payd this tribute. [Page 52] it for himselfe and for Peter, Mat. 17. 27. And so Mary when Christ was in her wombe went to Bethlehem to pay this tribute to Caesar. Luk. 2. 5.

This Image set upon Caesars money was not contrary to that, thou shalt not make to thy selfe any graven Image; for it was not made for a religious use, but for a civill use.

This penny which Caesar exacted of the Iewes was but Denarius, (Denarius, Didrachma, and Numisma, were Denarius what. all one) this Denarius was the ordinarie hire of a work­man for a day, Mat. 20. 2. and the daily wages of a Souldier, as Tacitus saith. What if the Romane Empe­rour had exacted as much of them as Pharaoh did of their Predecessors? What if he had done to them as Salomon did to their Predecessors in his old age? or as Rehoboam did to them, whose little finger was heavier than his fathers loynes? What ingratitude was this for them to grudge for paying so little a tribute to the Em­perour C [...]sar was more milde to the Iewes than Pha­raoh or Rehoboam. who kept them in peace, who kept Legions, and Garrisons of Souldiers, to defend them from the Ara­bians and Parthians? he did not make them to worke in bricke and clay, as the Egyptians did their predecessors, neither tooke he their liberties from them; he permit­ted them to keepe their Sabboths, Circumcision, and their Synedria, their Synagogues, and [...]; and He permitted them to use their liberties. Dion testifieth of Augustus, that when he gaue comman­dement to take tribute of the Iewes, that it should not be taken from them upō their Sabbath, but they should delay it till the next day. Now for all these benefits had they not reason to pay this tribute to Caesar?

Men may defend themselues and stand for their liber­tie, Men should not repine after they are become subject. but when they are once conquered, no place to re­pine. Agrippa (as Iosephus testifieth) in his speech to the Iewes, who were called Zelotae for their preposterous desire that they had to free themselues from subjection [Page 53] to the Romanes, said unto them after this manner, Intem­pestivum est nunc libertatem concupiscere, olim ne ea amitte­retur, certatim opo [...]tuit; nam servitutis periculum facere, de­rum est; & ne id subeatur, honesta certatio est, at qui semel subactus, despicit; non libertatis amans d [...]cendus est, sed servus contumax; that is, it is out of time now to de­sire your liberty, yee should haue rather long since stri­ven not to haue lost it; for it is a hard thing to under­goe servitude, and it is a lawfull strife to withstand it; but when a man is once overcome & yeelded himselfe, & then rebelleth, he is not said to be a lover of his liber­ty, but to be a rebellious subject. And Iosephus saith, Qui victi sunt & longo tempore paruerunt, si jugum rejecerint, faciunt quod desperatorum hominum est, & non quod liber­tatis amantium est, those who are once overcome and haue served a long time, if they shake off the yoke, they play the part of desperate men, and not of those who loue their libertie.

Now let us conclude this; giue unto God that which Conclusion. is Gods, and to Caesar that which is Caesar, Math. 22. Homo est nummus Dei, because he carrieth Gods Image, Man is Gods penny stamped with his I­mage. giue to him that penny which was lost, Luk. 16. Light the Candle, sweepe the house, finde it out, and giue to him: and giue unto Caesar that which is Caesars. Pro. 24. 21. Feare God and honour the King. Giue not divine honour to the King, as the Herodians did, who cryed the voyce of God and not of man. Say not, Divisum Imperium cum Iove Caesar habet, neither under pretext of Religion, withdraw that from the King which is due unto him, as the Essaeni did, and the Pharisies would haue done, but keepe an equall midst betwixt them both, and re­moue not the ancient markes, Prov. 23. 10.

CHAPTER XIIII. Whether Naboth might haue justly denyed to sell his Vineyard to Ahab, or not?

NABOTH justly refused to sell his Vineyard to Ahab, it being his fathers inheritance; no man in Israel might sell his inheritance, because the Is­raelites were but the Lords [...], or Farmers, the in­heritance was the Lords, Levit. 25. 23. the Land shall not The Israelites might not sell their land sim­plie. be sold for ever, for the Land is mine, for yee are strangers and sojourners with me; therefore it was called Emmanu­els Land, Esay 8. 8. All that the Israelites might doe was this, they might morgage their land, but simplie they might not sell it, because the Inheritance was the Lords.

But it may be said Iere. 32. 9. I bought the field of Ha­nameel Object. my Vncles sonne that was in Anathoth, and I weigh­ed him the money for it, even seventeene shekels of silver.

By the little price which Ieremiah gaue for this field Answ. in Anathoth (being but seventeene shekels) it may be ga­thered that this was not a simple alienatiō of the ground, Hanam [...]el did not sell his land, but morgaged it to Ieremiah. but onely a morgaging of it; wherefore his vncle or his vncles children might haue redeemed this land from Ieremiah, and Ieremiah was bound to haue restored this Land to them againe: neither doth the publicke writing of this Instrument proue the selling of the Land simply, and the full dominion of it, but utile dominium for the [Page 55] time, as he who hath a peice of Land in morgage, may morgage it againe to another, but not simplie sell it.

But it may be said, that David bought the inheritance Answ. of mount Moriah from Arauna the Iebusite, therefore the simple right of the ground might be sold.

It was permitted to the Iewes to sell a house within Object. a walled Citie, and the Gardens or Orchards belonging What houses or land the Iewes might sell. unto it; but they might not sell their grounds and Vine­yards, neither the houses nor the villages which haue no wals round about them, for they were reckoned as the fields in the Countrey. Secondly, this Hill Moria which was sold, was sold by a Iebusite, and not by an Israelite; and the ceremoniall Lawes of the Iewes obli­ged not the Iebusites. Thirdly, this was an extraordina­ry case, this ground was sold for the building of the Temple, and David would not haue it without a price.

It may be said, that the chiefe Priests tooke the thirtie Object. pieces of silver and bought a Potters field with it to bury strangers in, Mat. 27. 7. therefore they might sell a field, for they bought this field to bury strangers in it.

First, this field was not a fruitfull field, but a place Answ. where the Potters made pots; and it seemeth that this field was adjacent to some poore house; So Ioseph of A­rimathea being of another tribe than those of Ierusalem (for Arimathea, or Rama was in the tribe of Ephraim; but a great part of Ierusalem, with Mount Calvarie and Iesephs Garden, wherein he had his Tombe, was in the tribe of Benjamin) yet he bought a Garden being neere Ierusalem, and the Hill Calvarie, because it was a thing which belonged to the house within the walled Citie.

If a man might not sell his inheritance in Israel, how Object. could the Kings themselues inlarge their possessions, or haue places of pleasure proper for themselues? but we reade that the Kings of Iuda & Israel had Orchards and Gardens, and places of buriall proper to themselues, [Page 56] which was a part of their peculium, or proper right.

The Kings might haue Orchards and Gardens pro­per Answ. to themselues, & places of pleasure, but they might not buy the propertie of any mans Land or Vineyard; Wherefore Naboth said well, God forbid it me that I should sell my fathers inheritance: they were but usu­fructuarij, but the Lord was Dominus fundi, and he that hath no right to himselfe, cannot make a right to ano­ther.

Why might they sell their houses within a walled Citie, and not their fields and grounds in the Country? Levit. 25. 13.

The reason was this, they might not sell their grounds, The reason why they might sell their houses within the walled Ci­ties. that their possessions might be kept still distinct; but because many came to dwell in the walled Cities, and the houses were not so distinguished as the grounds and Vineyards, therefore they might sell them: this was al­so done in favour of the Proselytes, that they might haue a dwelling amongst the people of God▪

The conclusion of this is; as the Israelites when they Conclusion. morgaged their Land, they had not power simplie to sell it, because the propertie was the Lords; therefore it was to returne unto him in the yeare of the Iubile: So, although the children of God morgage their part of the heavenly Canaan, yet because the right is the Lords, it shall returne to them in the yeare of that great Iubile.

CHAPTER XV. Whether the Iewes should be tolerated in a Christian Common-wealth or not?

THere may be many reasons alledged, why this sort of people should not be tolerated amongst Christians.

First, if yee respect their profession and Religion, they are to be secluded from us Christians; and second­ly, in respect of their dealing with us in their civill con­tracts and bargaining.

As for their Religion. First, they detest us Christi­ans who professe Christ, for Christs cause. Secondly, they hold many damnable and blasphemous opinions concerning Christ; first, for his forerunner Iohn the Baptist; secondly, they hate Marie the Mother of our Lord Iesus Christ; thirdly, they oppose themselues a­gainst Christs natures; fourthly, against his Offices, King, Priest, and Prophet; fiftly, against his death up­on the crosse; sixtly, against his resurrection; seventhly, they oppose themselues to his imputed righteousnesse; and lastly, to his Gospell, and they expect a glorious Messias to come.

First, in detestation of Christ, they detest us Christi­ans, they call us [ Goijm] Gentes and Edomites, and when [...] v [...]stavit. they would welcome a Christian, they say welcome Shed, that is, Devill, hinking that the common people The Iewes detest Chri­stians. understand not the word; and they curse us Christians [Page 58] daily, anathema sit externis in serpente, that is, they wish that we who are without their societie, may be execra­ble as the Serpent.

But they detest those most of all who are converted from Iudaisme to Christianitie, and they pray three times in the day against them, morning, midday, and e­vening, and thus they pray, Ne sit quies Apostatis, ne (que) spes.

Secondly, they expect Elias Tishbites to be the fore­runner The Iewes expect Elias to come. of their Messias; and when they cannot resolue their hard questions to their Schollers, they say, Tishbi solvet nodos, that is, when Elias Tishbites shall come, he [...] will resolue all doubts, but Elias is come alreadie, and they haue done to him whatsoeuer they listed, Math. 17. 12.

They hate Marie the Mother of Christ, and they call her [ Mara] bitternesse, and the herbe called Herba Ma­riae, by them is called Herba suspensi, because Marie bare Christ, who was crucified upon the Crosse: so a peice of money called grossa Mariae, they called it in despite, grossa suspensi.

Then they deny the two natures of Christ, for they The Iewes deny the two natures of Christ. deny his God-head, inceptum est nomen Iehova profanari. Targum Hierosolymitanum paraphraseth it thus, illi caepe­runt idola colere, & fecerunt sibi Deos erroneos, quod cogno­minabant de sermone domini, he understandeth here blas­phemously Christ, calling him Deum erroneum, whom the Scripture call [...]. Of old they said Deus sanctus & domus Iudicij ejus fecerunt hominem, by the house of Iudgement they meant the trinity of persons, for all the inferior house of Iudgment consisted of three, and they said Duorum non est judicium, so the Chaldie paraphrast paraphraseth the trinitie of persons by this paraphrase; but now, the Iewes doe set themselues against this, and they deny it flatly.

They set themselues against his offices; he was anoin­ted The Iewes set thēselues against the offices of Christ. King, Priest, and Prophet [ Hameshiah] that excellent Prophet, but in detestation of Christ, they will not call their Tardigradum, or slow-comming Christ Messiah, but [...] delibutum, they hate so the name of Christ.

They mocke the Kingly office of Christ, Mat. 27. 19. they put a crown of thornes upō his head for a crowne; and they put a reed in his hand for a Scepter: So they mocke his Priestly office, he saved others, let him saue himselfe, Vers. 40. and his Propheticall office, Prophesie thou O Christ, who is he that smiteth thee. Mat. 26. 68.

So they mocke his death, and his crucifying upon the Crosse, they call Christs crosse the Woofe and the Warpe, and so mystically when they speake one to ano­ther amongst Christians, they call Christ the Woofe and the Warpe.

They deny the resurrection of Christ, Mat. 28. 15. and it is noysed abroad amongst them unto this day, that Iesus Christ was stolen away by his Disciples, and that he did not rise againe.

So they oppose his imputed righteousnesse, and they say, that every fox must pay his owne skin to the flayer, and they say, sit mors mea expiatio cunctarum transgressio­num mearum.

And lastly they oppose themselues against his Gos­pell, they call [...] [ Aven gilajon] nuntium vanum. [...]

Secondly, if ye will respect their dealing with us in civill matters: they are worthy to be secluded from the societie of Christians.

They care not to forsweare themselues to us Chri­stians, they are most mercilesse usurers in exacting from the Christians, and they who professe Physicke amongst them, care not to poyson Christians, whom they call [ Goijm,] Gentiles.

And if we shall adde further, that no false Religion [Page 60] should be tolerated, and the Lord commanded here­tickes to be put to death, how then should they be suf­fered in a Christian Common-wealth?

But we must put a difference betwixt these miscreants What Iewes may be suf­fered in a Common­wealth, and who not. who raile against the Lord Iesus Christ, and blaspheme his name; and those poore wretches who liue in blind­nes yet, but do not raile blasphemously against Christ; those we should pitie: First, we should pitie them for The reasons that should moue us to pitie the Iewes. their fathers cause the Patriarchs. Secondly, we should pitie them, because Christ is come of them who is bles­sed for ever; thirdly, the Oracles of God were com­mitted to them, Rom. 3. 2. and the law was the inheri­tance of Iacob, Deut. 33. 4. they were faithfull keepers of the same to others, and they were like a lanterne who held out the light to others, although they saw not with it themselues. Fourthly, when we Gentiles were out of the Covenant they prayed for us, Cant. 8. 8. We haue a little sister, what shall we doe for her? So when they are out of the Covenant; We haue an Elder brother, Luk. 16. what shall we doe for him? And lastly, because of the hope of their conversion, that they shall be graffed in againe, Rom. 11.

Some Christian Common-wealths admit them, but with these Caveats.

First, that they submit themselues to the positiue Caveat 1 Lawes of the Countrie wherein they liue.

Secondly, that they raile not against Christ, and be Caveat 2 not offensiue to the Christians.

Thirdly, that they be not suffered to marrie with the Caveat 3 Christians to seduce them.

Fourthly, that they be not permitted to exhaust Chri­stians Caveat 4 with their usurie.

Fiftly, that they be not admitted to any publicke Caveat 5 charge, and that they be distinguished from the rest of the people by some badge or by their apparell: with [Page 61] these Caveats, sundry Common-wealths haue admit­ted them.

CHAPTER XVI. Of the Synedrion of the Iewes.

THis word, Synedrion, is a greeke word, but chan­ged and made a Syriack word, [...], are sitters in judgement, and Sanhedrin, are the Iudges who sat in the Councell, and the place it selfe was called Sy­nedrion.

In the Syriack, Domus judiciorum, and Domus Iudi­cum The difference betwixt Domus judiciorum and Domus Iudicum. differunt: Domus judiciorum is the house where the Counsellers met, and Domus Iudicum according to the Syriack and Chaldy phrase, signifieth the Iudges them­selues. [...] Domus Iudicum. So the Chaldees when they expresse the Trini­tie, they call it Domus Iudicij, because there were three that sat in their lesser Iudicatorie; and when Beth dina [...] Domus judicij. signifieth the Iudges themselues, it hath the point aboue judh, but when it signifieth the place of Iudgement, it hath the point under judh.

There were two sorts of these Synedria amongst the Iewes, the great Councell and the lesser, the great Coun­cell was called Sanhedrin Gedolah, and the lesser was cal­led [...] Sanhedrin Ketannah.

The great Synedrion sate at Ierusalem onely, the lesser [Page 62] Synedria sat in other places also, and they were called [...], judicia.

The great Synedrion sat in Ierusalem onely, and Christ Allusion. Vide Guileli Schickar­dum de jure regio, & Ludovie: de Dieu. alludeth to this, Mat. 23. 37. A Prophet might not die out of Ierusalem. So, O Ierusalem, Ierusalem, which killest the Prophets, Mat. 23. 37. The great Synedrion judged one­ly of a Prophet.

But Gabinius the Proconsul of Syria, divided this great The great Synedrion divided into fiue parts. Synedrion which sat onely at Ierusalem into fiue parts, whereof he placed one at Ierusalem, another in Gadara, the third in Amathus towards the red Sea, the fourth in Iericho, and the fift he placed in Sephra in Galilie. And Christ meant of these Councels when he sayes, they will deliver you up to the Councels, Mat. 10. 17. At this time the great Synedrion was divided into fiue parts.

They shall deliver you up to the Councels, and they will scourge you in their Synagogues; by their Synagogues he What meant by Syna­gogues and Councels. meant their Ecclesiasticall Iudicatories, & by the Coun­cels their civill.

The number that sat in this great Iudicatorie were se­ventie and two, six chosen out of every tribe; but for making the number round, they are called Seventie: the Scripture useth sometimes when the number is not Rotundatio numeri quid? full, to expresse the full number, as Iudg. 11. 5. Abime­lech killed his brethren which were threescore and ten per­sons, there were but threescore and nine of them, for Io­tham fled. So Gen. 42. 13. Thy servants are twelue bre­thren, the sonnes of one man; although Ioseph was thought to be dead, yet, to make up the number, because he had once twelue sonnes, they are called the twelue sonnes of Iacob. So Num. 14. 33. And your children shall wander in the Wildernesse fortie yeares, according to the number of the dayes that the Spyes searched the Land; this was spoken to them two yeares after they came out of Egypt; yet the number is made up here, and it is called fortie yeares. [Page 63] So 1 Cor. 15. 5. He was seene of the twelue; there were but eleven of them at this time, for Iudas was dead, and Mat­thias was not chosen as yet; yet he calleth them twelue, because they were once twelue, to make up the num­ber. Sometimes againe although there be moe for ma­king round the number, they take away some, as Luke 10. 1. the Syriack hath it, the seventie two Disciples, yet it is translated the seventie Disciples. So the Seventie two who translated the Bible, are called the Seven­tie.

The Lord charged Moses to gather Seventie of the Elders of Israel, Moses said, how shall I doe this? If I shall choose sixe out of every Tribe, then there shall be sixty and two; and if I shall choose but fiue out of eve­ry Tribe, then there will be ten wanting; and if I shall The uncertaine conje­cture of Sol: Iarchi con­cerning their Election of the Seventie. choose sixe out of one Tribe, and but fiue out of ano­ther Tribe, that will breed but strife amongst them. What doth he then? He made choise of sixe out of e­very Tribe, and he brought forth seventie two blanke papers; upon seventie of the papers, he wrote [ Zaken] [...] Senex. senex; and upon the two that remained, hee wrote [ Hhelek] pars. Now when the Tribes drew their Lots [...] Pars. out of the Boxe, he who drew [ Zaken] senex, Moses said unto him, Antea sanctificavit te deus benedictus; but he who drew [ Hhelek] pars, he said unto him, Non cupit te deus. The Hebrewes say, that Eldad and Medad, Num. 11. 26. were of those who were written, but they went not out into the Tabernacle, because they drew [ Hhe­lek] pars; but not [ Zaken] senex, they were inter con­scriptos (say they) but not inter electos; and so the num­ber seventie is made up without them.

There were two Pr [...]sidents in this Councell; the first Two Presidents in the Councell. [...] Princeps. chosen in respect of his power, dignitie, and wisedome, and he was called [ Nashi] princeps, and [ Rosh hajeshibhah] Pater consessus, and he it was (as the Iewes say) that suc­ceeded [...] Pater Consessus. [Page 64] Moses, who was the principall and the chiefe The order how they sat in Iudgement. in the Councell; and upon his right hand sat he who was greatest amongst the seventie, and he was called [ Abh beth din] pater consistorij▪ the rest sat according to [...] Pater Consisterij. their dignitie and age next to the Prince; and they sat in a circuit or a halfe Moone, that both the Presidents might haue them in their sight.

The time when they sat; the great Iudicatorie sat e­very The time when they sat in these Iudicatories. day except on the Sabbath, and festivall dayes; and when they sat, the little Synedrion sat but from the morning Sacrifice untill the sixt houre, that is, untill our twelue; but the great Synedrion sat from the morning Sacrifice untill the evening Sacrifice, that is, untill our three of the clocke in the afternoone.

The matters which they judged in this Iudicatorie, What matters were jud­ged in the great Syne­drion. were matters of greatest weight; as to judge of a false Prophet, when to make warres, appointing Magistrates for inferior Cities; so for cutting off of a Tribe, and pu­nishing the high Priest, and whether an Apostate Citie should be raised and cast downe or not; and they say, that none might giue the bitter waters to the woman suspected of Adulterie but this Iudicatorie, Num. 5. 29. So they say, when a man was killed, and the killer not knowne, none might measure from the place where the man was killed to the next Citie, Deut. 21. 7. but the Elders of the great Synedrion, this case was onely tryed by them; So the raising up seed to his brother, and pul­ling off his shoe, if he refused, these were tryed by the great Synedrion.

Bellarmine the Iesuite to proue the Pope Object. to be aboue secular Iudges, Bellarmines argument to proue the Pope to be aboue secular Iudges. alledgeth Deut. 17. 12. The man that doth presumptuously, and will not hearken unto the Priest, and to the Iudge, even that man shall die. Here he saith, the Magistrate doth onely execute the sentence of the Priest.

But first, ex decreto judicis, is not in the originall, but Answ. according to the sentence of the Law, Deut. 17. 11. and the word should be read disjunctivè, He that hearkeneth not unto the Priest or unto the Iudge, &c. And by the Priest here is understood, not onely the high Priest, but other Priests, Vers. 9. When the high Priest and the Iudges sat together, then he that hearkened not to the sentence given by the Iudge, and interpreted by the Priest, was to die; so he who hearkened not unto the Iudge, al­though the Priest was not there, was to die; for these Iudicatories which are conjoyned, are sometimes di­stinguished. Deut. 17. 12. 2 Chro. 19. 8. and they must be interpreted respectiuely, as the Lawyers speake.

In the lesser Iudicatorie, they might not judge of a When they might judge of capitall crimes in the lesser Iudicatorie. capitall crime, unlesse they were twentie three a full number, so they judged of a beast that had killed a man or lien with a woman, to be put to death, Levit. 20. 16.

The seventie whom Moses chose now at the comman­dement The difference betwixt the seventie which Mo­ses chose, and the seven­tie which were chosen at the direction of Ie­thro. of the Lord, Num. 11. 25. differed from the se­ventie whom he chose at the commandement of Iethro, Exod. 18. they excelled the former seventie far in gifts, for they had the spirit of Moses upon them, and as the Mantle of Elijah when it was put about Elisha, then the spirit came upon him; so came the spirit of Moses upon The spirit of Moses was not diminished when it was put upon the se­ventie. the seventie; and the spirit of Moses was not diminished when it came upon the seventie, but the spirit of Moses in that houre was like the middle lamp of the Candle­stick, from the middle Lamp the rest were lighted, but the light of this Lamp was not diminished: so the spirit of Moses was not diminished when it came upon the se­ventie. Moses spirit of judgement was upon them all, but not his other gifts; as Moses was mightie in words and deed, but not they. Moses was the meckest man in the world, but not they. One Moses ruling in a Councell will make it famous, but to haue seventie like Moses sit­ting [Page 66] in a Councell, (for they had the same spirit of ru­ling which Moses had) that made it to excell all the Councels in the world, even Areopagus in Athens, and the Senate in Rome, and if we shall marke the unitie that was in this Councell, then we shall more admire it.

Whether had the Seventie this gift of Prophesie con­tinually Object. or not?

They prophesied for a day, but no more; therefore Answ. the Text said, Prophetarunt & non addiderunt, i. e. prophe­tare; The seventy which Mo­ses chose had not this gift of Prophesie con­tinually. and so the phrase is used by the Hebrewes, Gen. 8. 12. Non addidit redire, She returned not againe; so 1 Sam. 15. Non addidit Samuel redire ad Saulem, that is, he saw him no more; so Prophetarunt et non addiderunt, that is, they prophesied that day and no more.

The conclusion of this is, the Lord did sit here in the Conclusion. midst of this great judicatorie, and he was their [...] and [...], he was the President of their Coun­cell, and therefore they that hearkened not to this Councell were worthy to die.

CHAPTER XVII. Whether a Iudge is bound to giue sentence according to things prooved and alledged, or according to his owne private know­ledge?

SVndry doe hold, that a Iudge must not judge con­trary The opinion of some concerning the procee­ding of a Iudge secundū allegata & probata. to that which he knoweth, whatsoever is alledged or proved to the contrary; for whatsoever [Page 67] is not of faith is sinne, Rom. 14. 23. that is, if a man doe a thing against his conscience, it is sinne; Wherefore, if a Iudge know a man to be innocent, and yet evidences be brought in against him that he is guiltie; then they hold that the Iudge should use all meanes to free the inno­cent man; as first, he should deale with the accuser not to proceed in his accusation, and should signifie unto him, that he knoweth well the innocency of the partie. Secondly, if this cannot helpe, then he is bound pub­lickly to testifie upon the Bench, the innocency of the partie, and he may deferre the giving out of sentence, unlesse he be charged by a superiour; but if the matter haue no successe that way, then he may remit him to a superiour Iudge, or will the partie accused to appeale to a superiour Iudge; but if he cannot prevaile any of these wayes, some doe will him rather to quite his place, than to giue out such a sentence against the inno­cent.

Although the light of nature it selfe, and the word of God both teach us, that the life of the innocent is to be maintained; yet when another law of greater force commeth in, then this must giue place; for reason it Why a Iudge must pro­ceed according to things proved. selfe teacheth us, that a Iudge is to proceed according to things proved, otherwise justice could not be pre­served, and the good of the whole, is to be preferred before the good of a private man.

But it may be said, this is both against the law of na­ture, Object. and against the law written, to kill an innocent man.

To kill an innocent man accidentally, and besides his Answ. intention, when he is exercised in his lawfull calling, How a Iudge sinneth in giving out sentence a­gainst an innocent per­son. this is not a sinne to him; but if he should of purpose kill an innocent man, that incked were a sinne contrary to the law; and even as in just warre, when the victory cannot be had otherwise unlesse there be innocent men [Page 68] killed, as well as the guiltie, yet they may be safely kil­led, because the warre is just warre, and secondly, be­cause it is not their intention directly to kill the inno­cent, but because otherwise the victory could not be obtained: So a Iudge is bound to proceed according to that which is proved, and if he kill the innocent man, it is beside his intention; for his intention is here to doe justice, and not to kill the innocent, and he is bound to preferre the universall good, before the particular.

But if he doe so, shall he not be guiltie, as Pilate was Object. in condemning Christ?

Pilate was an unjust Iudge, because he pronounced Answ. false sentence against Christ who was innocent, and this How Pilate sinned in giving sentence against Christ. might haue beene knowne Iuridicè, because they were not [...], their testimonies agreed not, as the Evan­gelist Marke saith, Chap. 14. 59.

If a woman were proved to be the wife of Titius, Object. whom Titius in his conscience knoweth not to be his wife; although the Iudge should command Titius to doe the dutie of an husband to her, yet Titius should rather suffer any punishment, than to performe that dutie to her, because he knoweth her not to be his wife. So &c. Answ.

Here we must distinguish betwixt that which is in­trinsecè malum, evill in the owne nature of it, and that which is but accidentally evill; to commit whoredome is simply evill, but when the Iudge condemneth the in­nocent man whom he knoweth to be innocent, he doth not giue out sentence against the man, because he is in­nocent, (for that were simply sinne) but because he is bound to execute judgement; and here the Iudge pro­ceedeth as a publick person; but Titius is a private per­son onely, and therefore he is bound to doe according to his knowledge.

If a Iudge should heare two men disputing, and one Object. of them should hold a tenent which were hereticall, [Page 69] and he should conclude for him that is hereticall, yet I am not bound to follow his sentence.

A Iudge when he condemneth a man according to Answ. the law, he maketh not a lie, as when he saith, such a A Jud [...]e when he gi­ [...]th out sentence upon [...] person, he [...] not al [...]. proposition is true, when it is false; and in matters [...] ­vine, he is not a Iudge as he is in the civill Court.

But if a Iudge should be urged in his conscience, posed, is this an innocent man or not? Object. if he should an­swere and say, he is nor, then he should answere contra­ry to his knowledge.

As a Iudge, he must answere that he is not innocent; Answ. here he must judge according to things proved, and the The sentence of the Iudge is the sentence of publick authoritie. sentence of a Iudge is the sentence of publick authori­tie, and when he judgeth so, he doth not against his con­science; and here we must distinguish betwixt his spe­culatiue Scientia speculativa. Scientia practica. and practick knowledge; although he be inno­cent according to private and speculatiue knowledge, yet he is guiltie according to the course of the Law and publick authoritie.

He that is innocent should not be condemned; this Object. man is innocent; therefore he should not be condem­ned.

This man is innocent in judicio speculativo, Answ. but not injudicio practico; A man innocent inspeculatiue judgement and yet guiltie in practicall judgement. but turne it this way, he that is guil­tie injudicio practico should die, but this man is guiltie in judicio practico; therefore he should die.

If a man should produce an Instrument privately to a Iudge, a Iudge could not proceed upon this, because he saw such a thing, if it were not publickly produced in Iudgement; this knowledge which he hath by the sight of this Instrument privately, he had it not as a Iudge, but as a private man. So &c.

Whether is the Executioner bound to execute the Quest. man, whom he knoweth to be unjustly condemned?

He is not the Interpreter of the Law; for that is the Answ. [Page 70] part of the Iudge, but he is onely to execute the sen­tence Whether the Executio­ner be bound to exe­cute one that is con­demned being inno­cent. pronounced by the Iudge: but if he should know the sentence to be false which is given out upon the in­nocent man, then he should absolutely refuse and say, It is better to obey God than man, Act. 4. 19. He is bound to obey his superiour in a good cause, and in a doubt­full cause; but not in that which he knoweth altogether to be false.

But what if a Iudge doubt in his conscience, in such a Quest. case what is he to doe?

Here he is not to giue out sentence, for that which is Answ. not of faith is sinne, Rom. 14. 23. That is, whatsoever he doth against his conscience.

The conclusion of this is, seeing the sentence of Conclusion. judgement dependeth upon the witnesses, there is great fidelitie required in them, that the Iudge may proceed orderly in judgement, and that he make not a false sen­tence proceed as it were out of the mouth of God.

CHAPTER XVIII. An partus sequitur ventrem?

GOD who is the God of order, and not of confu­sion, hath debarred the children from sundry priviledges for their fathers sinnes.

First, if both the Parents were Heathen, the Lord se­cluded The children of Hea­then Parents were not admitted to the Cove­nant, untill they be­came Proselytes. the children from the Covenant, and they were not circumcised, untill they became Proselytes, & they were not circumcised nomine Parentum, in the name of [Page 71] their fathers, but when they imbraced the faith & were converted.

Secondly, If both the Parents were Iewes, and did not beget their children in wedlocke, then the children were secluded from the inheritance, Iudg. 11. 2. Thou shalt not inherite with us, because thou art the sonne of a strange woman.

Thirdly, If an Israelite had married a bond-woman, then the children were secluded from the inheritance, although their fathers were free; those who were borne of Handmaids were alwayes reputed servants; and God applyed this to Christ himselfe as he was man, Esay 49. 5. I haue called my servant from the wombe; so Esay 42. 1. Behold my servant whom I uphold, my Elect in whom my soule is well pleased. Marie called her selfe the Lords Christ as man was a servant. handmaide. Luk. 1. 28. therefore Christ as man borne of Marie the hand-maide, was a servant.

But yee will say, that things take their denomination Object. from the best part; as Water and Wine mixed together, is called Wine; so Chaffe & Wheat mingled together, yet it is called Wheat; Why then should not the childe be reckoned to be free, after his father, and not recko­ned bond, after his mother, who is a bond-woman?

In Physicall mixtures it is so, but it is not so in mar­riage; Answ. this is rather like that which is spoken in the In Physicall mixtures, things take their denomination from the better part. Schooles, Conclusio sequitur deteriorem partem, if any of the premisses be particular, so is the conclusion.

The Doctors of the Iewes propound this case, if a Heathenish captiue woman were taken in the Warres, she is converted and becommeth a Proselyte; whether should her childe be judged to be a free man or not in Israel? And they answere, that this childe borne of this stranger, is not to be counted a free man, Verum Senatus suo decreto Lustrari eum tantum curat, they cause onely to H. Melahh. 8. 9. wash him, but they will not circumcise him, untill he [Page 72] be able to make confession of his faith, and become a Proselyte; and here they say, Partus sequitur ventrem, if the mother had beene a free woman, either before, or after the birth amongst the Romans, the childe was reputed to be free; but not so amongst the people of the Iewes. Wherefore the Iudges in Israell willed all true Israelites, not to match themselues unequally in de­grees, for the disgrace which it brought upon their children, making them uncapable of freedome, and un­fit to be heires.

The conclusion of this is: Conclusion. Here we may see the ex­cellency Difference betwixt the Iudiciall Law and the Covenant of grace. of the Covenant of grace aboue the Iudiciall Law; for if any of the Parents be faithfull, then the childe is holy, 1 Cor. 7. 14. that is, he may be admitted to the Covenant.

CHAPTER XIX. An error personae irritat contractum?

IT may seeme that Error personae irritat contractum, as if a man married one woman in stead of another, the marriage is nullified.

I [...] [...]he error of the person make the contract null, Object. [...] shall we thinke of Isaacs blessing, who blessed Ia­ [...] in stead of Esau? and yet the blessing was effectuall, [...] what shall we thinke of Ioshua's Covenant made [...]e Gibeonites, whom he tooke to be strangers? [Page 73] and yet the Covenant stood firme and sure; and what shall we say of Iacobs marriage with Leah in stead of Ra­chel? Here the marriage was not irritat and made voide, although there was an errour in the person.

First, for Iacobs marriage with Leah in stead of Ra­chel, Answ. if Iacob had not afterwards approved this mariage, Of Iacobs marriage with Leah. and gone in unto her, and begotten children upon her, the marriage had beene voyde; but because he went in unto her, and begot children upon her, this error was taken away.

Secondly, it may be answered for Isaacs blessing, in Of Isaacs blessing Ia­cob in stead of Esau. blessing Iacob in stead of Esau, & Ioshua's Covenant made with the Gibeonites. There were three who concurred here. First God; secondly, the persons who craftily concurred here to deceiue; and thirdly, the persons who were deceived. In Isaacs blessing we haue to con­sider; first God, who cannot deceiue, nor be deceived; In blessing of Iacob three persons concur­red. then Rebecca and Iacob, who craftily deceived; and thirdly, Isaac, who was deceived. Now because it was Gods intention to giue the blessing to Iacob, therefore neither Iacobs craft, nor Isaacs error, could hinder the blessing; Isaac giveth the blessing ignorantly, but be­cause it was according to Gods intention and revealed will, who was the principall giver of the blessing, there­fore the blessing was effectuall. So in the Covenant I [...]shua's Covenant with the Gibeonites. with the Gibeonites, the Lord commanded to offer peace to the seven Nations if they would seek it, now in com­meth the deceit of the Gibeonites, and errour of Ioshua who is deceived, yet because it was Gods chiefe inten­tion, that those of the seven Nations who sought peace should be saved; therefore the oath stood firme, and the errour in the person did not make it voyde; and the matter may be cleared thus: the Lord forbiddeth a bro­ther to eate with a railer, a drunkard, or an extortioner. Simile. 1 Cor. 5. 11. but if a drunkard, or a railer, or an ex [...]or­tioner [Page 74] should come to the Table of the Lord, I am not to refuse to eate at that Table, although the drunkard be there. The reason is, because this is not my private Table, but the Lords banquet, and I expect the blessing onely from him in it, and the sinnes of the drunkard cannot hinder me; but if I should bid such a one to my house to eate with me, then I should be guiltie of their sinne. So the Covenant here is the Lords Covenant, and the deceiver is not able to make it of no effect. But where the principall intention of the contracter is deceit, and the person with whom the contract is made is deceived, then the contract is nullified; as if a man When the errour of the person maketh the con­tract of no effect. should ignorantly buy a free man for a slaue, here the free man should be released, & error personae irritat con­tractum.

But yee will say, in all contracts God hath an hand, Object. and he is never deceived, therefore no such contract should be dissolved, where there is error personae.

In the blessing betwixt Isaac and Iacob; and the con­tract Answ. betwixt Ioshua and the Gibeonites, God had set downe his revealed will, what he was minded to doe in both of these; and therefore neither the error of Isaac, God had revealed his will in the blessing of Iacob, and the sparing of the Gibeonites. nor the deceit of Rebecca and Iacob made the blessing of no effect, so neither in the contract betwixt Ioshua and the Gibeonites. But the Lord forbiddeth fraudulent contracts in his Word, neither is it his intention that such contracts should be made, therefore they are of no effect.

CHAPTER XX. That a Iudge may giue out sentence by the in­formation of the false witnesses, and yet be free.

IN Iudgement the principall part dependeth upon The chiefe part in judg­ment dependeth upon the witnesses. the witnesses, and if they testifie an untruth, they make a wrong sentence to proceed out of the mouth of a just Iudge: David here giueth out sentence against the Amalekit [...] it was a just sentence in respect of the Iudge, because he condemned him out of his owne mouth, but a wrong sentence in respect of the Amale­kite, because he did not kill Saul, but bragged onely that he had killed him, for the Text saith, that Saul killed himselfe, 1 Sam. 31. 5.

When the Grecians besieged Troy, Palamedes was kil­led there amongst the rest; and when the Greekes had Simile. raised their siege from Troy, and taken Ship to returne to Greece; Nauplius the father of Palamedes (to be reven­ged upon the Greekes) tooke a Boate in a darke night, and went into the Sea, and set up a Beaken upon a rock, which when the Greekes did see, they tooke it to be the Harbour, and directed their Course towards it, and so they runne the most of their Shippes upon the rockes, and were cast away. We cannot say here, that the fault was in the Pilots, because the Shippes were cast away; but the fault was in false Nauplius, who held up a wrong light unto them. So when a good Iudge giveth out a [Page 76] wrong sentence, the fault is not in the Iudge, but in the false witnesses, who hold up a false light unto him, and therefore the Iudge should labour to punish these false witnesses, and to restore the partie who is wron­ged to his right; and as Telephus was healed by the speare that hurt him, so should they studie to cure the person whom they haue wounded by their sentence.

If a Iudge call two or three witnesses, that is the first A Iudge must not pro­ceed without witnesse. thing required of him in tryall of the truth, nam testimo­nio unius non proceditur, and one witnes doth not proue. There are three witnesses in heaven to certifie us of the truth, the Father, the Word, and the holy Ghost. And there are three that beare witnesse to us in the earth of the re­mission of sinnes, the Spirit, the water, and bloud, 1 Ioh. 5. 7. 8. So in Indicatories of the Church three witnesses are required, 2 Cor. 13. 1. This is the third time that I am comming to you, in the mouth of two or three witnesses shall every word be established. So in the tryall of civill cau­ses, every thing was established by the mouth of two or three witnesses. Deut. 21. 15.

Secondly, The Iudge must call faithfull witnesses; A Iudge is to make choise of faithfull wit­nesses. they are called faithfull witnesses when they are repu­ted so in the common estimation of men; Esay 8. 2. And I tooke unto me faithfull witnesses, Vriah the Priest and Zechariah the sonne of Ierebechiah, Vriah was not a faith­full man, yet because he was so reputed amongst the people; therefore he is called a faithfull witnesse.

Thirdly, Hee must call witnesses who haue both They must be eye-wit­nesses. heard and seene, 1 Ioh. 1. 1. That which we haue heard, that which we haue seene with our eyes, which we haue loo­ked upon &c.

Fourthly, They must be contestes, and their testimo­nies must be [...], agreeing in one, Mark. 14. 56. Now if the Iudge proceed this way, and the sentence be false, it is not his fault, for by the mouth of two or [Page 77] three witnesses every word shall be established, that is shall be holden for truth.

When a Iudge demaundeth of the witnesses, hee as­keth them not [...], what murther is. Secondly, he asketh not of them, [...], the effects and consequents of murther which follow it, as the guilt and punishment. Thirdly, [...], he asketh them whether it were casual­ly or maliciously done. And fourthly, [...], if they saw him kill such a man; this is the speciall thing that they require, and if the Iudge giue out sentence this wayes according to things proved, then the blame lieth not upon him if there bee a wrong sentence pro­nounced.

It may be said, when a man taketh a thing to bee a Object. truth, although it be an untruth, he speaketh an un­truth: why doth not a Iudge then pronounce a sentence which is not true, although he take it to be a truth?

There is a greater vniformitie required betwixt the Answ. mind and the tongue, then betwixt the sentence of the Iudge, and the testimonie of the witnesses; for there is nothing required in the Iudge, but that he proceed se­cundùm allegata et probata, according to things alledged and proved.

CHAPTER XXI. Of one who killed in suddaine passion.

THere is a difference betwixt those things which Difference betwixt things done in passion, and deliberately. wee doe in suddaine passion, and those things which are done deliberately: those things which [Page 78] children, mad men, and beasts doe, they are not said to be done deliberately, they come not from the will, which is principium agendi; possunt laedere, sed non injuriâ afficere.

Againe, there is a difference betwixt violentum, co­actum, Violentum. Coactum. Non spontanetum. Voluntarium. non spontaneum, & voluntarium. Violentum is that, which by outward force a man is constrained to doe, and here the will giveth no consent at all: as when they drew the Martyrs before their Idols, and put incense in their hands. Coactum is that, when there is some exter­nall violence used to enforce and compell a man to doe such a thing, against which he standeth out and resisteth for a time, but yet in the end he yeeldeth for feare: as Origen did to Idolatrie. But non spontaneum is this, when it is partly with the will, and partly against the will; Christ sayd unto Peter, Ioh. 21. 18. they shall carry thee whither thou wouldest not, meaning what death he should dye; It was partly with Peters will, and partly against his will, that he went to martyrdome. Voluntarium, is that when the will giveth full consent to doe a thing.

When a man killeth his neighbour in suddaine pas­sion he is not violently drawne to this sinne; neither is he compelled to this sinne; prima principia concupiscible et irascibile, sunt interna homini, and cannot be compel­led: and in this sense he who killeth in suddaine passi­on, is sayd to doe it willingly; but if we will respect the will as it is obnubilated with the perturbation of an­ger for the time, he did it not willingly, but non spontè, which is a midst betwixt spontè and invitè. Peter sayd to Christ, Lord I will lay downe my life for thy sake, Iohn 13. 3. no doubt hee had an intention to dye with him when he spake these words; but they shall carrie thee whither thou wouldest not, here he was not willing to dye; so that he was partly willing, and partly not willing, hee was not altogether willing, nor it was not altoge­ther [Page 79] against his will, but it was partly with his will, and partly against his will.

We doe a thing Spontè, we doe a thing invitè, and we Spontè. Invitè. Non invitè. doe a thing non invitè. We doe a thing Spontè, when we are altogether willing to it; we doe a thing invitè, when it is partly with our will, and partly against our will; we doe a thing non invitè, quando procedit ex ignorantia comitante; as when Mutius Scaevola killed another in Simile. stead of Porcenna, and when it was told him that he had missed the King, and killed another, he was sory that he had not killed the King; this action was neither done Spontè, nor invitè, but non invitè; but when a man kil­leth in suddaine passion, and after that his passions and perturbations are setled, he is sory that he hath done such a thing, and is grieved that primus impetus non est in sua potestate, then he doth it invitè.

There is a twofold concupiscence, an antecedent Concupis­centia Antecedens. Consequens. concupiscence, and a consequent concupiscence; the antecedent concupiscence is that, when the passion preventeth the will, and moveth it; but the consequent concupiscence is that, when the will willingly work­eth, and stirreth up the passion, that it may execute the sinne more readily; when passion preventeth the will, then it extenuateth the sinne, but when the will stirreth up the passion, then it augmenteth the sinne.

Againe, we must make a difference betwixt these Agere Ex ira. Iratus. two, to doe a thing ex ira, and to doe a thing iratus; when a man doth a thing ex irâ, anger is onely the cause of it, and it repenteth him of it afterward that he hath done it; but when he doth a thing iratus, it doth not proceed principally from his anger, but from some o­ther bad disposition, and hardly such a man repenteth him of his fact.

Lastly, there is a difference betwixt eligere and prae­eligere; Eligere. Praeeligere. eligere is to follow sense and appetite, but prae­eligere [Page 80] is to follow reason: When a man killeth in sud­daine passion, it is electio non praeelectio: This sinne of Anger followeth the complexion of the bodie. anger commeth commonly of the complexion of the body, nam ex iracundis nascuntur irati; the Philosopher saith, a certaine man being challenged for beating of his father, gaue this answere; My father beat his father, and pointing to his sonne with his finger, he said, this my sonne will beat me also; these hereditary evils are hardly cured.

The woman of Tekoah when one of her sonnes killed the other, she begged of the King to remember the law of the Lord, that her other sonne might be saved in the Citie of Refuge, which the King granted unto her wil­lingly, 2 Sam. 14. because he killed him in suddaine passion.

CHAPTER XXII. Whether they might take the sonnes of the Prophets widow for debt or not?

IT is a pitifull thing to adde griefe to those who are in griefe already; this widow shee was in griefe al­ready, and those who would take her sonnes from her, adde new griefe unto her. The Lord saith, Make not sad the heart of the widow. Iere. 22. 3. Elias 1 King. 17. 20. said unto the Lord, O Lord my God, thou hast brought evill upon this widow with whom I sojourne, by slaying her [Page 81] sonne: As if he should say, is it not enough O Lord, that thou hast taken away her husband, but thou wilt take away her sonne also? The Lord could not doe wrong to this widow by taking away both her sonne and her husband; but they who came to take this poore widowes children, did great wrong to her, in adding new griefe to her.

The widow in the Hebrew is called [ Almonah] muta [...] Vidua ab [...] Silere. [...] Vacua. ab [Alam] silere, because she hath no body to speake for her; and she is called [ Rikam] emptie. Ruth 1. 21. be­cause she wanteth a husband to defend her; a widow who liveth in pleasure, shee is dead while shee is living, 1 Tim. 5. 6. but a widow that is a widow indeed and deso­late, trusteth in God, and she is civilly dead when shee wanteth the meanes to helpe her.

The Lord forbiddeth in his Law to take to pledge the upper or the nether Milstone, which are the meanes to maintaine the mans life, Deut. 24. 6. The widowes two sonnes were (as it were) the nether and the upper Milstone to gaine her living. Secondly, the Lord for­biddeth to take to pledge the cloths in which the poore man lieth in the night, for he saith, when he cryeth unto me I will heare, for I am gracious, Exod. 22. 27. And when those two sonnes of the widow were taken from her, did not the Lord heare her, a poore woman, a poore widow, the widow of one that feared the Lord, the widow of a Prophet? Yes verily, he heard her and that quickly; And, he that saith, Touch not mine anoin­ted, and doe my Prophets no harme, Psal. 105. 15. so he saith, touch not the Prophets widow, nor her sonn [...]s, and doe them no harme. Thirdly, the Lord comman­ded them when they went to seek the pledge, that they should not goe in into the house to fetch it, but they should stand abroad, and the man should bring it out himselfe, Deut. 24. 10. But they who violently tooke [Page 82] away the womans sonnes observed not this, but did as the wicked servant in the Gospell, who tooke his fel­low-servant by the throat, saying, Pay me that thou ow­est, Mat. 22. 28.

Yee will say, this was a just debt, and therefore ought Object. to be payd.

See what Esay answereth, Chap. 58. 6. Is not this the Answ. Fast that I required, to undoe the heavie burden, and to let the oppressed goe free? This debt was a heavie burden vpon the poore womans shoulders, and therefore they ought to haue remitted it. Iob. 22. 6. Thou hast taken a pledge from thy brother: Hhobhel, signifieth both pignus [...] Pignus. Funis. and funis a pledge, and a cord, because it bindeth as strongly as cords doe; and the Greekes call it [...], Quasi obligatio, suppositum, & obnoxios sibi subijcere, with this cord they would haue bound the poore widow.

Iob when he describeth the oppressor, Chap. 24. 3. he saith, he taketh away the widowes Oxe for a pledge; he taketh the Oxe, the beast that is so needfull for her, therefore he that tooke an Oxe was bound to restore fiue Oxen for him, Exod. 22. 1. Againe, to take the wi­dowes onely Oxe, we see how Nathan exaggerateth the rich mans fault, for taking the poore mans only sheepe, 2 Sam. 12. And if it be oppression, and a crying sinne to take the poore widowes Oxe, what a sinne was it to take her sonnes, who should haue relieved her in her necessitie? Ezek. 18. 16. it is a note of the childe of God, that he with held not the pledge from the poore. In the Originall it is [ Hhabhol lo hhabhal] Pignorando non pigno­ravit, [...] Pignorando non Pigno­ravit. the repetition of the same word signifieth to take away the pledge, and to keepe it.

The widow of Tekoah, when one of her sonnes had killed the other, and the revenger of the bloud came to kill, she desired that her other sonne which was aliue, might be saved, because he was her unica pruna, her [Page 83] onely sparkle that was left aliue, 2 Sam. 14. Wherefore to take this widowes two sonnes from her, was to put out her light.

The conclusion of this is. Of all sorts of oppression this Conclusion. is one of the greatest, to doe wrong to the fatherlesse, and the widow; for the Lord is a father to the fatherles, and a Iudge of the widowes, Psal. 68. 6. therefore men should beware to wrong or harme them: God will de­fend their cause, he relieveth the fatherlesse and the wi­dow, Psal. 146. 9. And he that is their Redeemer is strong.

CHAPTER XXIII. Whether a man may sell his sonne for debt, or not?

THere are three sorts of commanding in the fami­ly; the first is Herilis potestas; the second is Ma­ritalis potestas; and the third is Patria potestas; these three sorts of power differ.

Herilis potestas, is like the government Monarchicall, which hath more absolute commandement to dispose of things, so had the Master, Mat. 20. 25. over his ser­vants, when he commanded the man, his wife and chil­dren to be sold.

The second sort of commanding in the family, is the [Page 84] authoritie which the man hath over his wife, and this is like the Aristocraticall power, for the man in his necessitie, may not sell his wife to set himselfe at li­bertie, Et uxor non est in bonis, she is not a part of his goods.

The third sort of commanding in the house, is Pa­tria potestas; and here the father hath a greater autho­ritie over the children, for they are a speciall part of their fathers possession, Deut. 32. 6. Ipse est pater tuus qui possedit te? Is not he thy father that hath bought thee? The Lord permitted a man to sell his children under the Law, Exod. 21. 7. If a man sell his daughter to be a hand-maide. So Ezra 2. 5. the Iewes being in debt sold their children.

Iacob when he made his latter will, Gen. 42. 22. he saith, I gaue to thee one part aboue thy brethren, which I conquered with my bow and with my sword. Iacob himselfe never purchased Sichem, but his sonnes purchased it when they killed the Sichemites. Why doth he say then, which I haue purchased with my Bow? The reason of this was, because Iacob was Lord over his children, and o­ver all that they conquered.

A father hath such authoritie over his sonne, that he might sell him untill he was sui juris, that is, untill he was one and twentie yeares old. First, he might sell him before he was seven yeare old; then he might haue sold him the second time, untill he was fourteene yeare old, if his debt had not beene payed: and thirdly, he might haue sold him untill he was twentie one. So he might sell his daughter. Exod. 21. 7. It is not un­derstood here, that he might sell his daughter when she was readie to be married, but simply, he might sell her at any time. And the Lord alludeth to this forme, E­say Allusion. 50. 1. Which of my Creditours is it, to whom I haue sold you? The father might sell himselfe, therefore he [Page 85] might sell his sonne, because his sonne is but a part of himselfe.

But there are sundry things which cannot be sold Object. Quia nullam admittunt aestimationem, as bloud, chastitie, libertie, and such like.

This was not properly a sale, but only an enterchange Answ. of his libertie for his fathers redemption. Non est con­ditio absoluta, sed quasi sub pacto, tenetur enim emptor fili­um D. ll. 2. Cap. de Pa­tribus qui filios distraxe­runt. restituere, si justum pretium offeratur illi; That is, this condition in selling of his sonne was not absolute, but the contract was so made, that the buyer was bound to [...]store his sonne backe againe to him, if he had offered him a sufficient price.

In the naturall body, the hand or any other member will cast up it selfe to saue a stroke from the head; so should the naturall sonne doe to relieue his father. Ru­ben offered himselfe in stead of Benjamin, to be a bond­servant, Gen. 44. 33. Now if Ruben offered this for his youngest brother, much more should the sonne offer to become a bond-servant for his old father.

The conclusion of this is, the children ought not to lay up for the Parents, but the Parents for the children, 2 Cor. 12. 17. yet to supply their fathers necessitie, they should be content to quite their libertie, and all that they haue for their fathers libertie.

CHAPTER XXIIII. Of their diverse sorts of Rulers and Commaunders.

THe people of the Iewes were divided into twelue [...] virg [...]. [...] Trib [...]. Tribes, those Tribes were called Shibhte▪ because they had a rod carried before them.

Before the renting of the ten Tribes from Iuda they were called Israelites; but after the rent of the tenne Tribes, the two Tribes and the halfe were called Iuda, and the tenne Tribes were usually called Israel; and sometimes Ioseph, and Izreel, and sometimes Iacob. And in the Captivitie they are called Iewes, as Ester 2. 5. Mordecai of Benjamin is called a Iew, so Ester 3. Haman sought to destroy all the Iewes: and they are all called Isra­el in the Captivitie, and thou shalt beare the iniquitie of Israel and Iuda, Ezek. 4. And once halevj, Mal. 2. 8. [...] cum [...] demon­strativ [...]. cum [he] demonstrativo, to signifie that levi is not put here for a proper name.

Those who ruled the twelue Tribes were divers, I [...] ­shua 23. 2. Ioshua called for all Israel, for their Elders, for their heads, for their Iudges and for their officers.

For the Elders, these are called zekenim, and the Se­ventie [...] Seniores. translate them [...], id est, majores; zekenim is sometimes taken for the great Synedrion, and sometimes for the Kings Councell, 2 King. 1. 10. And Iehu sent unto Samaria to the Rulers of Izreel, here the word El­ders is taken for the Kings Councell, and not for the Sy­nedrion, [Page 87] for it sate in Ierusalem: and sometimes in the lesser Cities zekenim are called Senatores.

Secondly; He called for [ roshim] their heads, which the Seventie translate [...], Principes; This word [ rosh] [...] Capita, Prin­pes. is taken sometimes for the Captaines of the Armies, 1 Sam. 11. 11. And Saul divided his Armie into three heads, that is three Companies. Iudg. 11. 7. eris nobis [lerosh] in caput, the Seventie translate it [...]. So [ rosh] is taken for the heads of the families, and they are called [ roshe abhoth] here; Ioshua sent for the Cap­taines of the Armie.

Thirdly; He sent for [ Sh [...]phetim] the Iudges, that [...] vel [...] I [...]dices. is the Rulers of the Cities, and these also were called [ Omanim] 2 King. 10. 1.

These who ruled the people, were either the heads [...]. of the Tribes, and they were called share hashebhatim, or [...]: these conveined the Tribes, and were Cap­taines in their warres, for the Tribes had their owne proper warres, sometimes one against another; so the Danites made warre against them of Lachis, and they of Ephraim against Iepthe, Iudg. 12.

Or else they were Commanders in some part of the Tribe, for the Tribes were divided into families, and these who were cheife in the familie were called [ Share [...] Capita Familiarum. mishpahhim] or Patriarchae, capita familiarum, the Patri­archs or heads of the families.

These families againe were divided into thousands; Example. In Iuda there were fiue great families, or [ alphe] thousands, and they had fiue Commanders who were called [...], Numb. 1. 16. these were the heads of thousands in Israel. And Micha alludeth to this chap. 5. 2. Bethleem Ephrata although thou be little amongst the thousands of Iuda. Secondly, some were Commanders over hundreds, and they were called [...]. Thirdly, they were Commanders over fif­ties, [Page 88] Esay 3. 3. And lastly, Rulers over ten. This divi­sion was instituted by Moses by the Councell of Iethro, and approved by Iehosaphat, 2 Chron. 19. These Com­manders over thousands, hundreds, and fifties were [ bagnale ribhoth] Lords to take away strife from the [...] people, like our Iustices of peace; and they differed from the ordinary Iudges called Shophetim. [...]

Lastly, They had their [ shoterim] which word is di­versly translated by the Seventie: first they translate it [...] [...], because by force they compelled men to obe­dience, loro et baculo cogebant: and sometimes they trans­late them [...], because they carried a rod: and some­times [...], Pro. 6 6. Goe to the Pismire, who hath not [Shoter] over seer or ruler. So Exod. 5. 15. they trans­late Shoterim [...], as yee would say, institu­tores vel doctores, because they taught the people obedi­ence to the Magistrates: and Act. 13. 35. [...]; Syrus habet, caput vrbis. Iunius translates it moderatores, & Aqui­la translateth it [...], facinorum Vindices. Lastly, they translate shoterim, [...], under-rowers; for as in a Gallie there are commanders, rowers, and under-ro­wers; so in this well constituted Common-wealth of the Iewes, there were supreame Commanders, Commanders in the middle degree, and Commanders in the inferiour degree.

CHAPTER XXV. Of their civill counting of their times, and first of their Houre.

THe Greekes deriue the houre from [...], ter­minare, Of their times. because it measured the times of the yeare; or from [...] custodire, because they fai­ned [Page 89] that the houres kept Apolloes gates; but it seemeth rather to bee derived from the Hebrew word [ Or] lux, and hence the Egyptians call the Sunne [...] Apollo.

The Greekes at the first had no other division of the yeare but into foure seasons, which they called quatuor horae anni: and the Latines called them quatuor tempesta­tes anni. The like division they made of the day, and they said, solis occasus suprema tempestas esto.

Afterward they divided these tempestates into so ma­ny houres in the day, those houres were either called horae minores, and they were measured by the Zodiack, and planetarie or unequall houres, because of the obli­quitie of the Zodiacke; or else they were called horae equinoctiales equall houres, because of the streightnesse of the Equinoctiall.

The Iewes at first learned the division of the day into whole houres from the Romanes, for before this the houres were either halfe-houres, or [...] occasionall houres, as to dine and to suppe; So the houres of din­ner and supper were described of old by drawing of water, as Rebecca came out to draw water, Gen. 24. 11. This was the evening time when women came out to Septuaginta dix [...]r [...]nt [...]. Din [...]er and Supper de [...]c [...]ibed by drawing of water. draw water. So they noted the dinner time by drawing of water, Ioh. 5. 31. when the woman of Samaria came out to draw water, then the Disciples brought meat to Christ and desired him to eate; This was dinner time.

CHAPTER XXVI. Of their Day.

A Day in the Scripture, is either a naturall, artifi­ciall, Dies Naturalis. Artificialis. Propheticus. or a propheticall day.

The naturall day consisteth of foure and twen­tie A day put for 24. houres. houres, comprehending day and night, Num. 8. 17. In that day that I smote every first borne in the land of E­gypt. But Exod. 12. 29. it is said, that at midnight the Lord smote the first borne of Egypt; so that by day here is meant the whole twentie foure houres.

The artificiall day began at the Sunne-rising, and en­ded at the Sunne-setting, Exod. 16. 14. Why sit yee all the day from morning till night? And it had three Peri­ods in it, morning, mid-day, and evening; and the mid­day is called Zeharaijm, and it is put in the duall num­ber, [...] Meridies. because it containeth a part of the forenoone, and a part of the afternoone.

Psal. 65. 8. Thou makest the outgoings of the morning, and the evening to rejoyce; the outgoings of the morne, is the rising of the starres before the Sunne rise, as [...], and the outgoings of the evening, that is, when the Moone riseth, and the starres with her, as Hesperus; the Sunne is said to go out as it were out of his chamber, when he ariseth out of the Sea, or the earth, Psal. 19. And he is said to goe in and to dip in the Sea, Mark. 4. when he setteth.

Ortus Heliacus, is when the starres arise with the Ortus Heliacus. Chronicus. Cosmicus. Sunne; Ortus Chronicus, is the rising of the starres with the Moone; Ortus Cosmicus, is when the starres rise at certaine seasons in the yeare, as Orion, Plejades, &c.

A Propheticall day is taken for a yeare in the Scrip­tures; as they had a propheticall day, so they had pro­pheticall weekes, propheticall moneths, and propheti­call yeares.

A weeke signifieth a weeke of yeares, as Daniels se­ventie Propheticall dayes, weekes, and yeares. weekes, Dan. 9. 25. So the moneth signifieth a moneth of yeares, according to the Greeke computati­on, counting thirtie dayes to a moneth; so the yeare sig­nifieth a yeare of yeares, Iere. 28. 3. Adhuc duo anni an­norū; So these places in the Revelation, Forty two moneths an hundreth and sixtie dayes three yeares and an halfe, so time, times, and halfe a time, are prophetically to be un­derstood; A propheticall day, is a yeare; the weeke se­ven yeares, the moneth thirtie yeares, and the prophe­ticall yeare three hundreth and sixtie yeares, and this [Page 97] way they counted, to signifie the shortnesse of the time. A day applied to the e­state of grace.

A day is applyed in the Scripture first to our estate in grace, Heb. 4. To day if ye will heare his voyce, harden not your hearts; and all the Comparisons in the Scriptures are taken from the forenoone, to shew the growth of grace; First, [...], or the morning Starre, and the dawning of the day, and the day-starre arise in your hearts, 2 Pet. 1. 19. Secondly, to the Sunne-rising, Esay 8. 20. It is because there is no morning in them; and thirdly, to the Sunne in the strength of the day, Iudg. 5. 3.

Then the declination of grace is compared to the Declination of grace compared to the declining of the Sunne. Sunne in the afternoone, Iere. 6. 4. Arise, let us goe up at noone; woe unto us for the day goeth away, for the sha­dowes of the evening are stretched out, Micah 3. And the Sunne set upon the Prophets.

The forenoone is compared to the time of grace be­fore it come to the declining, therefore let us make great reckoning of this time to redeeme it, Psal. 108. [...]. I my selfe will awake early: but in the Originall it is more emphaticall, [ Hagnira shahher] Expergefaciam auroram. [...] Expergefaciam Auroram. As if David should say, the morning never tooke me napping, but I wakened it still.

Secondly, the day representeth the shortnesse of our The day representeth the shortnesse of our life. life to us, and it is compared to an artificiall day, Psal. 90. 5. In the morning it flourisheth, and groweth up, but in the evening it is cut downe and withereth: it is like Ionas Gourd, which groweth up in one artificiall day, and decayeth againe; and the houres of the day whereunto our life is compared, are like planetary houres, long in the Summer, and short in the Winter: Compare our dayes with the dayes of our fathers, they are but few and evill, in respect of their dayes, therefore our dayes are called dies palmares.

The Lord made the day for man to travaile, and the The day was made for man to travaile in it. [Page 98] night for him to rest in, therefore they are monsters in nature, that invert this order, who sleepe in the day and wake in the night, Psal. 104. 23. Man goeth forth unto his worke, and to his labour, untill the evening. And Vers. 20. Thou makest darknesse, and it is night, wherein all the beasts of the Forrest doe creepe forth: Those who turne day into night, follow the beasts, and not man; such a monster was Heliogabalus, who would rise at night, and then cause morning salutations to be given unto him: the History saith, that the world seemed to goe backward in this monsters dayes: this sort of people Seneca calleth them our Antipodes, for when we rise they goe to bed & contrà.

CHAPTER XXVII. Of their moneth.

BEfore the people of God came out of Egypt, the moneths were reckoned according to the course Reasons proving how many dayes every moneth had. of the Sunne, following the custome of the Egyp­tians and Chaldeans, and their moneths were full thirtie dayes, as may be gathered out of the eight of Genesis, the floud began to waxe the seventh day of the second moneth Iair, answering to our May; and it began to decrease in the seventh day of the seventh moneth Ti­shri: from the seventh day of the second moneth, to the seventh day of the seventh, are one hundred and fiftie dayes, which being divided by thirtie, giveth to every moneth thirtie dayes. After they came out of Aegypt their moneths were full thirtie dayes, Numb. 11. 19. Yee shall not eate one day, neither fiue dayes, neither tenne dayes but even a whole moneth. Hence we may gather that their moneth was full thirtie dayes; because they Reasons proving how many moneths are in the yeare. reckoned by fiue, ten, twentie, thirtie. So there were twelue moneths in the yeare, every moneth consisting [Page 101] of thirtie dayes: 1 King. 4. 7. And Salomon had twelue officers over all Israel, which provided victuals for the King and his houshold. Each man in his moneth through the yeare made provision: now if there had beene more then twelue moneths in the yeare, (as afterward the Iewes made their intercalar yeare Veadar) then one should haue had two moneths. So 1 Chron. 27. 1. and 12. 15. The chiefe Officers served the King by courses, which came in and out moneth by moneth throughout all the moneths in the yeare: here we may see that there were twelue moneths in the yeare, & every moneth had thir­ty dayes, which made up in the yere three hundred and sixtie dayes.

But because there were fiue full dayes lacking in the The twelue moneths come short of the course of the Sunne fiue dayes. moneths to fill up the course of the Sunne, which is three hundred sixtie and fiue dayes, the Egyptians put to the fiue dayes called [...] to the last moneth Ti­shri: The fiue odde dayes il­lustrated by an apo­logue of Mercurie and the Moone. and they illustrate the matter by this apologue, they say, that Mercurie and the Moone at a time did play at the dice for the fiue odde dayes, and that Mercurie did winne them from the Moone, and Mercurie follo­wed the course of the Sunne. And in respect the Sunne every yeare runneth three hundred sixtie fiue dayes and How the leape yeare or bissextile is made up. sixe odde houres, which sixe odde houres every fourth yeare maketh a day, they added this day to the fourth yeare, which yeare by the Egyptians was called [...], as ye would say the dog turning about to him­selfe, as when he biteth his owne taile: and the Latines called it annus from annulus, because it turned about to the same point againe. So Ioh. 18. 13. [...] is a yeare, so Luk. 3. 2. This odde day which was added every fourth yeare was called dies desultorius, because it wan­dered This desultorie or bis­sextile day at the first did run thorow the twelve Moneths. to and fro through the whole yeare, for the space of one hundred and twentie yeares. This is called saeculum, Gen. 26. and therefore they inter-la­ced [Page 102] a whole moneth for this desultorius dies, which in What makes an embo­limie yeare. the space of one hundred and twentie years maketh up a moneth of thirty dayes: and because that day which afterward was inter-called in the fourth yeare lacked some scruples of a whole day, therefore in the space of The Sunnes course commeth alwayes backe in the moneths. one hundred thirty and sixe yeares the Sunne turned backe a day in every moneth, when it commeth to the Equinoxe or Solstice. The Sunne was in the Equinoxe at Christs death, in the twentie fifth of March▪ now it is come to the tenth of March, and if the world should continue long, it should come to the tenth of Ianuary and so backward. This sheweth that the Sunne keepeth The Sunne followeth the first mover. the revolution of the first mover, who comes alwayes neerer to the North Pole, as the Astronomers haue observed.

These fiue [...] dies, the last of them Nehemias calleth Nephthar, from the word patar, purificare, for [...] Purifi­care. writing to the Iewes which were in Egypt, 2 Macc. 1. 36. he sayes, that the Temple was purified upon the last of these [...] dies, called naphthar: for the Egyptian moneths had alwayes thirtie dayes, which make up in the yeare These fiue intercalar dayes had divers names among the Egyptians. three hundred and sixtie dayes, and fiue odde dayes which added to the end of the yeare were called [...], and by Egyptians and Arabians, Nasi, the first of them was called Osiris, and the fift naphthar.

The moneth of the Moone hath twenty nine dayes and twelue houres, therefore amongst the Iewes the moneths were either twenty nine, or full thirty.

The moneths of the Moone are considered three A threefold computati­on of the moneths of the Moone. manner of wayes. First, as the Moone goeth from one point of the Zodiacke and returneth backe to the same againe: and this is called periodus, vel cursus lunaris, which space of time is more then twenty seven dayes, and lesse then twenty eight. The second is the retur­ning of the Moone to the same place where she went [Page 103] backe last from the Sunne, and this is called [...]: this consisteth of twenty nine dayes and twelue whole houres. The third is the second day from the conjunction, and it is called [...] or [...], the apparition of the new Moone; this is in the second day after the conjunction.

All the time before the captivitie the moneths had no proper names, Ezek. 1. 1. Now it came to passe in the No proper names of the moneths before the Captivitie. thirtieth yeare, in the fourth, that is, in the fourth moneth. So the Romanes gaue the names to the moneths from their number, as September, October, &c. Therefore these three names spoken of, 1 King. 6. 37. 38. Ziph for the second moneth, and Bul for the eight, and so etha­nim; These first names Ziph and Bul, Scaliger holdeth The names of the moneths before the captivitie were appella­tiue. them to be Sydonian names, or Tyrian: but we may say rather that they were appellatiue names all this time; Ziph, significat amaenitatem, Dan. 2. 31. so the moneth ethanim, mensis antiquorum, a Chaldie word, because they reckoned the creation of the world from that moneth.

Alexander the great changed these Chaldie names which they had learned in the Captivitie, into Macedo­nian names, as Adar he called it Xanthius, and tishri he called i [...] [...], as yee would say Iupiters boy, 1 Macch. 9. 50.

It was after the captivitie before they learned to in­ter-call The reason of the moneths intercalation after the captivitie. their moneth, and then they began to inter-call them, that they might make both the Sunne and the Moone come both to one period every second or third yeare. And that they might know the time of the change of the Moone, for the keeping of their feasts the better: and for every second or third yeare they dou­bled the moneth adar, and called it veadar, and this yeare was called the embolimie yeare. And because the Sunne and the Moone met not in one period the second [Page 104] or third yeare, therefore they made up the golden num­ber consisting of nineteene yeares, wherein the Sunne The course of the Sun and Moone agree after nineteene yeares are compleat, and called the golden number. and the Moone met both in one period together. The rule for this embolimie amongst the Hebrewes was this; ter ter bis bis ter ter ter, id est, mensis intercalandus est, anno tertio, sexto, octavo, undecimo, decimo quarto, decimo septimo, decimo nono; et annus decimus nonus erat interca­landus, consisting of seven moneths.

Before the captivitie they had no other inter-calling or reducing the Moone to the Sunne, but onely dies [...] Egyptiorum: and the Turkes at this day ob­serving onely the lunarie yeare, and never reducing the Moone to the Sunne, therefore the moneth Rammadon falleth sometimes in Summer, and sometimes in wiu­ter.

When they inter-called their moneths, they called the moneth which they inter-called, Veadar; and this Veader was their twelfth moneth, and Adar was their thirteenth moneth; this Veadar was but esteemed as momentum temporis among the Iewes, and in their civill computations it had no use, neither judged they any cause in this moneth, and the Iewes set downe this case.

Ruben and Simeon were two twins; Ruben the eldest was borne in the last day of the intercalar moneth Ve­adar, and Simeon his brother was borne in the first day of the ordinary moneth adar, so that Simeon was but a day younger then Ruben. And the case was handled a­mongst the Iudges which of them should enter into the inheritance first, and they ordained that Simeon should enter a moneth before his brother Ruben, because Ru­ben was borne in that moneth which was not reckoned amongst the moneths, and therefore they counted him a moneth younger then his brother Simeon. The Sunne exceedeth the Moones course eleven dayes.

This reckoning they kept, that they might reduce the course of the Moone to the Sunne, for the Sunne ex­ceedeth [Page 105] the Moone eleven dayes; and also the moneth The Sunne exceedeth the Moones course eleven dayes. The moneth exceedeth the Moones course sixe dayes. The Sunne exceedeth the twelue moneths fiue dayes and sixe houres. What maketh up the leape yeare. exceedeth the Moone in the whole yeare sixe dayes, (when the moneths are full thirtie dayes.) And third­ly the Sunne exceedeth the twelue moneths, fiue dayes and sixe houres, which sixe houres every fourth yeare maketh up a day, and this yeare we call leape year [...]: these eleven odde dayes are not cast away, they are insi­titij dies, or ingrafted daies, as a graft is grafted in a tree, and they are called the Epact, because they are cast to, to the end of the year, for to reduce the Moones course to the course of the Sunne; neither are they left as dies desultorij, to runne at randome through all the moneths of the yeare.

This time of the Epact with them is counted as no time, and they illustrate the matter thus. A man had The embolimie epact counted as no time. thirty sonnes and thirty daughters, and three which were neither his sonnes nor his daughters, but abor­tives, borne out of time; these thirty sonnes and thirty daughters were the dayes & the nights of the moneths, and the three odde dayes after the third embolimie were reserved as insititij dies, untill the next embolimie, and were no part of the moneths of the yeare, untill the se­venth embolimie.

The spirituall use which the Scripture maketh of the Moone is, first to shew us the instabilitie of the world, therefore Revel. 12. 1. the Church is the woman cloathed with the Sunne, having the moone under her fect: to signifie that the Church shall tread under foote the changeable world.

Secondly, as the Moone changeth, so doth the life of man, Iob 14. while my change come: so Prov. 31. 8. [...] Filii muta­tionis. aperi os tuum in causa filierum mutationis, that is, for him that is going to be put to death; and as we pray when the Moone changeth, Lord send us a good change, so should we pray especially when we are ready to [Page 106] die, that the Lord would giue us a happie change.

CHAPTER XXVIII. Of their Yeare.

THe Iewes had a twofold beginning of the recko­ning of their yeare; the first was from Tishri, the second was from Nisan.

They began their first reckoning from Tishri, in the moneth Elul their yeare ended, and in this moneth their new yeare began; this was called [ Tekuphah] revolutio [...] Revolutio. anni. 1 King. 20. 26. it was in this moneth that the Kings went forth to battaile, 2 Sam. 11. 1. And it came to passe when the yeare was expired at the time when Kings went out to battaile. They went out to battaile at this time of the yeare, because then the heat of the yeare was declining; and the Chaldees called this moneth, Mensis [...] Mensis Anti­quorum. Ethanim, id est, veterum, 1 King. 8. 2. In this moneth they began to reckon before they came out of Egypt, because the Iewes held that the world was created in this moneth; this moneth is called [ Hhoreph] pueritia, for as [...] chaldaicè Pueritia et Hye [...]s. Tishri is the beginning of the yeare, Gen. 8. 22. so the beginning of our age is our childhood, Iob 29. 4.

Their Ecclesiasticall reckoning began in Nisan, Ex­od. Their Ecclesiasticall reckoning began in Nisan. 12. 1 Chron. 12. 15. These are they who went over Ior­dan in the first moneth, when Iordan had overflowed all the bankes: this was in the moneth Nisan, for then the snow melteth upon the mountaines of Libanus, and the wa­ters [Page 107] overflow the banks of Iordan. Ioh. 4. 35. Say ye not there are yet foure moneths and then commeth the harvest? that is, the Pascha and the Pentecost; the first was the be­ginning of the harvest, and the last was the end of the harvest; the beginning of the harvest fell in the first moneth of the yeare in Nisan; for on the fourteenth day was the Pascha, & on the fifteenth day they brought in handfuls of new Corne; and Zach. 7. 1. The word of the Lord came unto Zachariah in the fourth day of the ninth moneth, even in Chisleu, that is, in the ninth from Nisan. So the feast of the Tabernacles was kept in the seventh moneth Tishri, which is the seventh from Nisan.

From Nisan they reckoned their feasts, the reigne of What they reckoned from every moneth. their Kings, their contracts, bonds, and Obligations.

From Elul answering to our August; they reckoned the age of their young beasts which they were to offer to the Lord, none of their beasts were offered before E­lul.

Thirdly, from Tishri answering to our September, they reckoned the seventh yeare of the resting of their land, and their Iubilees; and from this time they rec­koned Vide Buxt [...]r. Synag. how long their trees were circumcised or uncir­cumcised.

Fourthly, from Shebat answering to our Ianuary, they reckoned all their trees which payed fruit, they payed tithe onely of these trees which began to flourish at that time.

The conclusion of this is; As the Lord changed the Conclusion. reckoning of the Iewes from Tishri to Nisan, because the Iewes then were delivered out of Egypt; so the Lord hath changed our reckoning now from the old Sab­bath of the Iewes, to the new reckoning of our Sabbath, because this day our delivery and redemption was finished; 2 Cor. 5. 17. Old things are passed away, behold all things are become new.

CHAPTER XXIX. Of their numbring, and manner of counting.

THey numbered of old three manner of wayes; first, by their fingers; secondly, by letters; and thirdly, by Ciphers.

First, by their fingers, for as their first measure was their hand. Esay 40. 12. Who hath measured the waters with the hollow of his hand, and met out the heavens with his span? So their first numbering was by their fingers; and Salomon alludeth to this forme, Pro. 3. 6. Wisedome cōmeth with length of dayes in her right hand. The Greeks called this [...], because they numbered upon their fiue fingers; so Ovidius, Lib. 2. Fast.

They numbered upon their ten fingers, because no simple number can go beyond nine, and the tenth num­ber is the complement of all simple numbers.

They numbered, first with their right hand upon the left, because the right was the most fit hand for ac­tion, for the spirits lie in the right side of the heart, and so make the right hand more fit to doe any thing; and the bloud lieth more to the left side, and therefore the left hand is not so fit for action. Salomon saith, that the wise mans heart is at his right hand, Eccles. 10. 2. the spi­rits [Page 109] enableth his hand more to doe; and the fooles is at his left hand, because there are not so many spirits in the left side of the heart to quicken the hand; but when the spirits encline equally to both the sides, then he is [ Itter jad] ambidexter, that could use the left hand as [...] Ambidexter. well as the right; such were the men of Benjamin and Ehud; it should not be translated left handed, Iudg. 3. 15. but he who used both the hands.

They numbered upon the left hand from one to nine­tie nine, and at an hundreth they began to turne to the Plinius. Lib. 44. right hand; therefore Ianus was set up at Rome, with the number of the dayes in the yeare upon his hands, ha­ving the great number upon his right hand, and the small number upon his left.

The way how they numbered upon the left hand Be [...]a de rati [...]ne temp [...] ­rum. was this; when they counted one, they laid the point of their little finger in the midst of their palme; when The manner of their counting from 10. to 100. they counted 2, they laid the ring finger upon the palme of their hand, when they counted 3, they laid their mid­dle finger upon the palme of their hand; when they counted 4, they lifted up their little finger from the palme of their hand, and they left other two fingers lie still upon the palme of their hand; when they counted 5, they lifted up the ring-finger from the palme of their hand; and when 6, they lifted up the middle finger; when 7, they laid the point of their little finger about the middle of their hand; and when 8, the ring-finger about the middle of their hand; when 9, the middle finger about the middle of their hand; when 10, they laid the naile of their forefinger at the middle of the thumbe; when 20, they laid the naile of the forefinger betwixt the ioynts of the thumbe; when 30 they laid All numbers under an hu [...]dred were counted upon the left hand. the naile of the forefinger and the naile of the thumbe together; when 40, they laid the thumbe upon the forefinger crosse-wayes; when 50, they inclined the [Page 110] thumbe to the plame of the hand; when 60, they laid the top of the forefinger to the thumbe; when 70. they laid the naile of the thumbe to the top of the forefinger; when 80, they laid the naile of the thumbe betwixt the forefinger and middle finger; when 90. they laid the naile of the forefinger at the roote of the thumbe. Luk. 15. 4. The Parable seemeth to allude to this forme of counting, he left ninetie and nine and sought that one which was lost.

Then they transferred the numbers from their left All numbers from an hundred to a thousand upon the right hand. hand to the right hand, and they numbered hundreths upon the right hand, as they number simple numbers upon the left hand.

When they came to reckon 1000, they laid the palme of their left hand upon their breast, with their fingers spread; when 2000, they laid the backe of their left hand upon their breast with their fingers spread; when All numbers from 1000 to 100000. they num­bered with their left hand. they numbered 30000, they laid the palme of their left hand upon their breast with their fingers upward; when they numbered 40000, they laid the backe of their left hand upon their breast, and their fingers downward; when 50000, they laid the palme of their left hand upon their navell, with their fingers upward; when 60000, they laid the backe of their hand upon their navell, with their fingers downward; when 70000, they laid the palme of their left hand upon their left thigh, with their fingers crossewayes; when 80000, they laid the backe of their left hand upon their left thigh, with their fingers upward; when 90000, they laid the palme of their left hand upon their left thigh, with their fingers downward; so that the hand was laid twice up and twice downe, backward and forward up­on their breast, navell, and thigh, therefore Plautus saith, Ecce autem avertit nixus laeva, in femore habet ma­num, dextra digitis rationem computat feriens femur, that [Page 111] is, he turneth his left hand from his left thigh, & is come with his right to smite upon his right thigh, to signifie an exceeding great number.

When they came to 100000, they counted with After 100000. they counted the same way with their right hand. their right hand upon their belly, navell, and thigh, as they did before untill they came to 10000000.

The Hebrewes, Greekes, and Latines, counted like­wise by the letters of their Alphabet; the Hebrewes and M. Mille. D. Dimidium mille. X. Because it consisteth of two VV. V. Because it standeth in the fift place amongst the Vowels. Greekes numbered by all the letters of the Alphabet; but the Latines had onely sixe by which they counted, M. D. C. X. V. I. M. for 1000. D. for 500. C. for 100. X. for 10. and I. for 1.

Afterwards they numbered by Ciphers, which were but lately found out: The Turkes learned it from the Arabians; we from the Turkes; and it commeth from the Hebrew word [ Saphar] numerare; in the Arabicke, [...] Numerare. Siphra est privatio, that is, a figure in the number which signifieth nothing by it selfe.

The Ancients did not onely number with their fin­gers, but also speake with them; unto which Salomon alludeth, Pro. 6. 13. The wicked man he speaketh with his Allusion. In tarentilla. fingers; therefore Naevius saith, Alij dat annulum, alium invocat, cum (que) alio cantat, alijs deni (que) dat digito literas; Loqui digiti [...] quid. He giues a ring to one, he calls upon another, he sings with a­nother, and to others he giues letters by his fingers, that is, he mixeth his speeches with others by poynting out Letters with his fingers. Beda in his Booke de indigita­tione, Beda libello de indigita­tione sets downe the manner how they spake with their fingers, after he hath set downe the manner how they counted with them, for he saith, De ipso computo quaedam manualis loquela figurari potest, quâ literis quis sigillatim expressis, verba quae cisdē literis contineantur, alteri qui hanc quo (que) noverit industriam tametsi longè posito legenda & in­telligenda contradat: that is, out of the same numbering there may be drawne out a certaine speaking by the hands, [Page 112] which a man may deliver to another who stands a farre off, who hath the same skill both to read and understand, and this is by Letters expressed severally, and the whole words are contained in these Letters. So that the same way a man counts with his fingers, that same way doth he speake with his fingers, for the first number upon the hand, poynteth out the first Letter, the second number the second Letter, and so to the end of the Alphabet, and the man that had the best dexteritie did ioyne the Let­ters together, and made up a word or phrase, which onely he and the speaker understood.

They reckoned their numbers upon their fingers: Conclusion. when we looke upon our fingers, we should learne to number our dayes; Wisedome biddeth us binde her pre­cepts to our fingers, Prov. 7. 3. Alluding to their Phy­lacteries which they had upon their Armes; so should we put those numbers upon our hands, and continual­ly make use of them for the shortnesse of our life.

CHAPTER XXX. Of their civill Contracts, and manner of writing them.

IN this contract and bargaine betweene Ieremie and his Vncles sonne Hanameel, consider first the man­ner how the contract was written; and secondly, how this testimony is cited by Matthew, Cap. 27. 7.

First, for the manner of writing the contract, he who S [...]ali [...]r in Elen [...]ho. was to buy the ground wrote two Instruments, the one [Page 113] he sealed with his owne Signe [...], the other he shewed Two Instruments writ­ten at th [...] buying of Land▪ one clo [...]ed and another no [...] closed. unclosed to the witnesses, that they might subscribe and beare witnesse of that which was written: this the wit­nesses did subscribe upon the backe of the inclosed in­strument, and these two Instruments were almost alike in all things, saue onely that in the sealed Instrument something was concealed from the witnesses, the things What things were con­cealed from the wit­nesses in the closed Instrument. concealed were these, the price of the Land, and the time of the redemption, these they concealed, (for none knew these but the buyer and the seller) in case that the Goel or the next of the kindred knowing the time of the redemption, and the price, and the Morgager not being able to redeeme it at the day, it was lawfull for the next of the kindred to haue redeemed it; these two being concealed, there was place still for the poore man to re­deeme his Land after the day, therefore they set downe in the inclosed Instrument, onely the bare disposition without the price or time of redemption. So amongst C [...]lius Rodogineus. the Romanes, when they sealed their latter will, they concealed the name of the heire, lest any wrong should be done unto him.

It may be asked how these words are cited by Ma­thew, Quest. chap. 27. 9. Then was fulfilled that which was spo­ken by Ieremie the Prophet saying, and they tooke the thirtie peices of silver the price of him that was valued, which they of the children of Israel did value, and gaue them for a p [...]tters field, as the Lord appointed me; he alledgeth Ieremie, but the words are spoken by Zecharie▪ chap. 11.

This testimonie in Mathew is made up of the saying Answ. of Ieremie and Zecharie, and yet Ieremie is onely cited The New Testament c [...]teth two places out of the old to make up one testimonie. by Mathew: for it is the mann [...]r of the new Testament to make up one testimonie of two cited out of the old Testament, although written in divers places in the old Testament. Example. Peter Acts 1. 20. maketh up but one testimonie of divers places collected out of the [Page 112] [...] [Page 113] [...] [Page 114] Psalme 69. 17. and 109. 8. so 1 Pet. 2. 7. this testimo­ny is made up of diverse testimonies out of the Psalme 118. 22. and Esay 8. 14. So Christ, Math. 21. 5. maketh up one testimony out of Esay 62. 11. and Zach. 11. 11. So Mat. 21. 14. made up of Esay 56. 7. and Iere. 7. 11.

Secondly, this is the manner of the New Testament, The New Testament [...]ing of two Pro­phets, expresse him who [...]th the chiefe part of the testimonie. when testimonies are cited out of two, they leaue out the one and expresse onely the other, and they cite the whole testimony as written by one: example, Mat. 21. 5. there is a testimony cited out of two Prophets, yet they are cited but as one testimony, it is cited out of two Prophets, Esay 62. 11. and Zach. 9. 9. Yet the Evange­list saith, that it might be fulfilled which was spoken by the Prophet; the first words are Esayes, the latter are Zacha­ries, and yet they are cited as if they were the words of Zachary. So Mark. 1. 2. As it is written in the Prophets; this testimony is written both in Esay and Malachy, Be­hold I send my Messenger before thy face, &c. yet Mat. 3. 3. Esay is onely cited and not Malachy.

Now let us consider here why the Evangelist citeth here Ieremie rather than Zacharie, the Evangelist would Why Matthew rather cites Ieremie than Za­charie. giue a reasō here, not so much why Christ was bought by the Scribes and Pharisies, as of the feild which was bought for such a price; Zachary speaketh nothing of the field that was bought, wherefore it had not beene pertinent for the Evangelist to haue brought in the te­stimony of Zachary here. Ieremie in his thirtieth second Chapter telleth when the Captivitie was now approa­ching, he is commanded to buy such a field, and in buy­ing such a field there was some secret mystery; second­ly, there was some analogie, for this feild bought by Ie­remy was a type of the Potters field, whereof Matthew speaketh, and the analogie consisted especially in this, the field which Mathew maketh mentiō of, was bought to be a buriall for strangers, and this was typed in the [Page 115] field which was bought by Ieremy, for Ieremy was com­manded What time Ieremiah bought this field. to buy this field at that time when he was ta­ken prisoner, and when there was little or no hope for him to come out of prison, and when the City was be­sieged by the Chaldeans; the buyer might thinke now that he had but small reason to buy that land, which was presently to be taken by the Chaldeans; Ieremie might haue said unto the Lord, the Citie is to be deli­vered into the hands of the Chaldeans, and thou bidst me buy the field for so much money, & the Lord saith, I will deliver this Citie into the hand of the Chaldeans; hence it may seeme that this field was bought rather for strangers than for the buyer himselfe, or any that belonged unto him; therefore Lament. 5. 2. Ieremie saith, our inheritance is turned to strangers, our houses to Aliants.

But how could Anathoth be turned into a buriall place? Quest.

It is answered, the feild which was in Anathoth was Answ. assigned to the Levites, Iosh. 21. 18. These Cities which were assigned unto the Levites, they had no feilds which were arable about them, to beare Corne, but some ground for the feeding of their Cattle; and it is most probable that they had some Gardens wherein they buried their dead; as we reade of Ioseph of Arima­thea, who had a Garden neare the Citie in which Christ was buried: Secondly, this feild by Matthew is called the Potters feild, & here we may see some resemblance betwixt this feild and the feild spoken of by Ieremie; for after the writs were perfected, Ieremie said to his Scribe Baruch, take these writs and put them in an ear­then pot, that they may continue there for many dayes, vers. 14. There must be something typed by this, that he biddeth take these writs and put them in an earthen pot, for men use to put their writs in Chests and boxes [Page 116] and safest places; and as this buying of the field was set downe as an argument to strengthen the Israelites, that they should returne out of the Captivitie, and possesse their own lands; so it was a type of that which Matthew speaketh; & as this feild which Ieremie bought was tur­ned into the use of strangers, so was the field which Ma­thew speaketh of made a buriall for strangers; and as the writs were hid in the earthen pot in Ieremies time, so was this feild which Matthew speaketh of, a Potters feild. In Zachary there is no mention made of the buy­ing of the feild with the thirtie peices of silver, but Mat­thew speaketh of buying of the feild, and so doth Iere­mie, therefore the Evangelist pertinently citeth Ieremie and not Zacharie.

From the citing of this testimony we may draw this Conclusion. Conclusion, there are many things written in the old Testament, which at the first sight might seeme to look no wayes to the new; but if we looke neerer and neerer unto them, we shall see how they agree together, there­fore we should search the Scriptures, which beare testi­mony to Christ, Ioh. 5. 39.

CHAPTER XXXI. What things the Goel was bound to doe to his kinsman, and what things were done to him by his brethren.

HE that was the Goel in Israel, was bound to doe The priviledges of the neerest kinsman. three things for his brethren; first, he was vindex [Page 117] sanguinis, the revenger of the bloud; secondly, he re­deemed the morgaged lands of his kinsman: thirdly, he delivered him out of prison. These three things he was bound to doe jure propinquitatis, because he was his neerest kinsman.

Now let us apply these to Christ our Goel, first our Goel, or vindex sanguinis, the revenger of our bloud, Christ our neerest kins­man hath taken all their priviledges upon him for us. revengeth all our wrongs. When the heart of the reven­ger of the bloud was hot within him, Deut. 19. 6. it was a terrible thing for the manslayer to meet him, he pur­sued eagerly after him. So Iesus Christ pursueth after his enemies, who shed the bloud of his Church.

Secondly, the Goel redeemed the morgaged Land, Ruth 4. 4. and Iere. 32. 7. Ieremie cousin to Hanameel redeemed his morgaged Land; we haue morgaged our inheritance in heaven, but our Goel Iesus Christ, who is flesh of our flesh and bone of our bone, will redeeme it to us againe.

The the third thing which the Goel did to his kins­man, was to relieue him out of prison. So we being condemned to that everlasting prison, Christ hath bai­led us.

Now the priviledges which the first-borne who was The priviledges of the neerest kinsman as he was first borne. the Goel had done to him were two; First he had the double portion of his Fathers goods; And secondly, his second brother was bound to raise up seed to him.

Iesus Christ our eldest brother, he is annointed with gifts aboue his fellowes, Psal. 45. and from him we receiue grace for grace, Ioh. 1.

The second thing which was due to the Goel was VVhat the second bro­ther was bound to doe for the eldest. this, if he died without children then his second bro­ther was bound to raise up seed to him: and if he refu­sed to doe it, they pulled off his shoe and spit in his face. The application of this is; Christ our Eldest brother Ministers are Christs second brethren. shall never want a seed in his Church to the worlds [Page 118] end. When Onan refused to raise up seed to his bro­ther, then Selah was bound to doe it, Gen. 38. So there shall be still some who shall performe this dutie to our Eldest brother.

Againe the children were not called their children, but the eldest brothers children The application is, the Preachers are Christs younger brethren, therefore they should beget children to Christ, and not seeke their owne honour.

If they refused to raise up seed to their brother, then The portion of a sloth­ [...]ull Minister. their shoe was pulled off, and they did spit in their face. Great shall be the shame of these who refuse to doe this dutie to their elder brother Christ: their shoe shall be pulled off, and they shall loose their part of that hea­venly inheritance.

The Church having such a Goel, men should be loth to meddle with her. Prov. 23. 10. Remoue not the old Conclusion. markes, and enter not within the field of the fatherlesse, for their Goel, or redeemer, is mightie, and hee will plead their cause: here he alludeth to that place, Deut. 25. 8. The Lord is a Goel to all his poore and distressed mem­bers: he was Iosephs Goel when he was in prison: The armes of his hands were made strong by the hands of the mighty God of Iacob. Gen. 49. 24.

CHAPTER XXXII. The difference betwixt the brother naturall, and the kinsman in raising up seed to the eldest brother, and what was done to them if they refused.

THere was a twofold pulling off of the shoe in Is­rael, A two-fold use of the pulling off the shoe. the first was for a religious use, the second for a civill use. First the religious use we see in Exod 3. 5. and in Iosh. 5. 13. The second use was a po­liticke use, and this politicke or civill use was two fold; Discalceatio. firmat [...]ria Ded [...]oris. the first served for the solemnity of their contracts, & it was called firmatoria discalceatio; the second was for a punishment and disgrace Deut. 25. 9. And it differed from that which was used in confirmation in sundry points.

First, when their shoe was taken off for a punishment Differ. 1 or disgrace, the woman herselfe pulled off the shoe of him who refused to raise seed to his brother; but in the contract of confirmation the man himselfe loosed his owne shoe and pulled it off.

Secondly, that pulling off the shoe was for the disgrace of the man; but this which was used in con­tracts 2 was to secure the man in his right: it [...]ended to no disgrace to him; or if he sold the land, it was onely a signe that he was willing to quit his right; and if he bought the land it was a signe to him of his possession.

Thirdly, that pulling off of the shoe was by com­maund 3 [Page 120] but this pulling off the shoe was by custome. Ruth 4. 7. This was the manner in former times in Israel.

Fourthly, this shoe was pulled off from the naturall 4 brother, if he refused to raise up seed; but that shoe for confirmation was pulled off by any who made a con­tract, in token of possession: And the Lord alludeth to this forme Psal. 60. 8. Over Edom I will cast my shoe, that is, I will take possession of it: this was called [ Hhali­zah] [...] Detractio. detractio.

Fiftly, when the shoe was pulled off for disgrace, it 5 was given to no bodie, but the shoe which was pulled off in bargaining was given to him who bought the land.

Sixtly, In the former pulling off of the shoe, there 6 was no request made that the shoe should be pulled off, but it was pulled off against his will; but in the latter, they desired him to pull off his shoe, and he did it wil­lingly.

Seventhly, In the former the shoe was pulled off 7 against his will in the presence of the Iudges; but in this bargaine the shoe might be pulled off before any suffici­ent witnesse.

Eightly, The former was onely pulled off when 8 the brother refused to raise up seed to his brother; but in the latter the shoe was pulled off in any contract of a­lienation.

Ninthly, When they pulled off the shoe in disgrace, 9 they spit in his face, which the Seventie translate [...], and Iosephus [...] to smite him in the face: but in this latter there was no such disgrace offered to the man.

Tenthly, In the former when the shoe was pulled off, 10 the woman said, so shall it be done to the man who refuseth to build his brothers house, Deut. 25. 9. but in the latter there were no such words spoken.

Lastly, he that refuseth to raise up seed to his brother 11 [Page 121] his house was called domus discalceati in Israel; but there followed no such disgrace to the man who pulled off his shoe in the contract.

They make another difference to be this, that he who The difference betwixt the naturall brother and the kinsman. was the naturall brother, when he raised up seed to his brother, the children were not called his children, but his brothers children, and the shoe was pulled off his foot, because he refused to doe that honour to his bro­ther; but when a cousin-german raised up seed to his kinsman, the children were not called after his kinsman that was dead, but as the father pleased to call them. Boaz called not his sonne Machlon, after the first hus­band of Ruth, but Obed.

But the question is, whether they were bound to Quest. giue them the same names or not? For Deut. 25. 6. the words in the originall are these; Primogenitus quem pe­pererit stabit super nomen fratris sui, shall succeed in the name of his brother: therefore it may seeme they were called after the elder brothers name.

To succeed in the name is to succeed in the place, and Answ. not to be called after his name: and Ionathan paraphra­seth it, exurget in haereditate nomine fratris, to continue his name, but not to be called after his name.

There were two sorts of brothers amongst the Iewes, naturall brethren and legall brethren; the naturall bro­ther was bound to raise up seede to his eldest brother; the elder first, and if he died, then the second, and then the third, &c. Mat. 22. And if they did not, then they were punished and disgraced; but those who were le­gall brethren, or cousin-germanes, as N. was to Mach­lon, they were not compelled to marry them, but if they did not, there was some disgrace put upon them, but not that great disgrace which was put upon the na­turall brother. If a cousin-germane, or a legall brother had married his cousines wife, the children which he [Page 122] begot upon her, were not called his children, but his cousines children; even as the children which the natu­rall brother begat, were not his children but his elder brothers, and therefore N. saith, Ruth 4. 6. I cannot re­deeme it, lest I marre my owne inheritance; that is, these children begotten upon Ruth should not be called my children, but my kinsmans, and so all that I inherite should goe to them.

The conclusion of this is; the Holy Ghost here mar­keth Conclusion. the cousin-germane with a note, not naming him by his name, but passing him by; but they who were naturall brethen, if they refused, they were noted with a greater marke of infamie: so the moe obligations that Pastors haue, if they refuse to doe their dutie to Iesus Christ, the greater shall be their shame.

CHAPTER XXXIII. Of their Marriages.

THey had their Sponsalia de futuro, & de praesenti; de futuro, as Lots sonnes in law were but affianced to his daughters, they were not as yet married, [...] accepturi filias cius. [ Lokehhe benathau] accipientes uxores, should be interpre­ted, Brevi pòst accepturi, for they knew not as yet a man, Vers. 8. So Deut. 20. 7. What is there that hath betrothed a wife, and hath not taken her. So Ioseph and Marie were affianced, see Deut. 22. 24.

Betwixt their affiance and their marriage there inter­vened [Page 123] a time. Iudg. 14. 7. And he went downe and tal­ked with the woman. This was for the affiancing; and Vers. 8. After a time he returned againe to take her; that is, to marry her: the first time that he went downe he killed the Lyon; and the second time when he went downe to the marriage, he found honey in the Lyons belly. After some dayes, cannot be understood of a yeare, that a whole yeare intervened betwixt their affi­ancing and their marriage; when the word Dies, is put When the word [ Day] signifieth a yeare, and when a moneth. in the plurall number, and some lesse number follow­ing it, then it signifieth a yeare, and the lesse number sig­nifieth moneths; as Gen. 24. 55. Let her abide with us dayes or ten; that is, a yeare of dayes, or at the least ten moneths. So 1 Sam. 27. 7. David abode with the Phili­stims dayes and foure moneths; that is, a yeare of dayes and foure moneths; so Ezek. 1. 1. in the thirtieth yeare, in the fourth, in the fift of the moneth; that is, in the fourth Dayes absolutely set downe in the Scripture signifie an infinite time. moneth, in the fift day of the moneth; but when dayes are put alone, they signifie an indefinite time, and not an yeare; so Gen. 40. 4. Fuerunt dies in custodia, that is, a cer­taine time; so Lev 28. 29. He shall redeeme it within dayes, that is, within the time that he and the man to whom he had morgaged the house agreed upon. So Iudg. 14. 8. After dayes he returned to take her, that is, after a few dayes, and not after a whole yeare; the preparation of a whole yeare, was enough for a Kings marriage.

Sponsalia de praesenti, were, when he said I take thee to my wife in the present.

The time of their marriages was in the night, Mat. 25. 6 At midnight the Virgines came to wait for the bridegroomes returning with their Lamps in their hands; so Luk. 12. 36.

Marriages of old were made three manner of wayes, the first was called Vsucapio, the second, consarreatio, and the third was called coemptio.

Per usum, vel usucapio, when a man married a maide Per usum, vel usucapio. [Page 124] which had stayed almost a yeare with him; the example which most resembleth this in the Scripture, was that Per confarreationem. of David, when he was old he tooke Abishaig to him, 1 King. 1. 2.

Per confarreationem, when the bridegroome married Brissonius de ritu nupti­arnm. the bride, the bridegroome tooke a Cake of bread, and brake it betwixt him and the bride, or some Corne, and put betwixt their hands; to signifie that they were to breake bread, and to liue together in mutuall societie; Hosea alludeth to this forme, Cap. 2. 3. I bought her for Allusion. an Homer of Barley. So Iesus Christ the husband of his Church, married her per confarreationem, putting the bread in her hand, and marrying her to himselfe in the Sacrament, to signifie that he would dwell with her for ever.

The third sort was per coemptionem, for it was the Per coemptionem. manner of old, that the bridegroome bought the bride for so much, and the bride gaue little or no dowrie to the bridegroome; so the sonnes of Sichem bought Di­na, Gen. 34. 12. Aske me never so much dowrie and I will The man gaue the dowrie and not the woman. giue it: so David bought Michol, Sauls daughter for so many foreskins of the Philistims, 1 Sam. 18. 25. And Iacob served seven yeares for Rachel. The bride brought onely Donationes, vel paraphernalia, as chaines, brace­lets, Gen. 24. but the dowrie which they gaue was but a small thing, 1 King. 9. 16. it is said that Pharaoh tooke Pharaoh giving Gezar to Salomon, it was a pre­sent and not a dowrie. Gezar from the Philistims, and gaue it to Salomon for a present, it should not be translated for a dowrie. Exod. 22. 17. He shall pay money according to the dowrie of Vir­gins; which is but a little summe, fiftie shekels, Deut. 22. 29. Thus Christ bought his spouse with his bloud, Act. 20. 29. she was a poore Damsell, and had nothing to giue.

As their marriages were made by one of these three Marriages dissolved af­ter the same manner they were made. Ceremonies, per usum, confarreationem, & coemptionem; [Page 125] So amongst the Romanes, the marriage was dissolved af­ter Vsurpatio. Diffarreatio. Renuncipatio. the same manner. The first was dissolved usurpati­one, if the woman whom he had married (being his maide before) had stayed but three nights from her husband, then by the Romane law he might put her a­way; the second was dissolved diffarreatione, they brake bread and so departed; the third was dissolved re­nuncipatione, they tooke their hands asunder and so de­parted; this the Greekes called [...], and the Latines, Divortium.

The Ceremonies which they used in their Marriages [...] Postulationes Sponsalio­rum, Sponsalia sacra ob matrimonium. were these; first, he put a Ring upon her finger; the He­brewes called this [Tebhignoth Kedushim] and he said, be thou my wife according to the law of Moses and of Israel, and this he did before witnesses; this was called Subarrhatio, this Ring was put upon the fourth finger of the left hand, because a veine commeth from the heart to that finger, as the Physitians say.

The day when the bride was married, shee tooke the vaile off her face, this was called [...], and the gifts which were given that day, were called [...]; before she was married, she put a vaile upon her face, and this was called [...], and the gifts which were given to her before the marriage were called [...].

The solemnities in the marriages were these; first, Divers solemnities used at the marriage. they put a crowne upon the head of the bridegroome, and then upon the bride, and the crowne was made of Roses, Mirtle, and Ivie, and the mother of the bride­groome put this crowne upon his head. Cant. 3. 11. Goe forth, O yee daughters of Sion, and behold King Salo­mon with the crowne wherewith his mother crowned him in the day of his espousals, and in the day of the gladnesse of his heart.

This crowne wherewith the bride and the bride­groome [Page 126] were crowned, was but a corruptible crowne; but that crowne, which we shall get in the life to come, [...] non pollutus, est & nomen gemmae sic dictae quod in ignem con­jectae non consumatur. fadeth not, nor falleth not away, 1 Pet. 1. 4. [...] is a precious stone, which if yee cast it in the fire it never consumeth; so [...] flos amoris, a flower that never fadeth. [...] immarces­sibilis, nunquam marces­cens, flos quidam sic dictus quod non marcescat.

In their marriages they had those who accompanied the bridegroome, and they were called Socij sponsi, the children of the wedding; and the Greekes [...] or [...] a [...], circuire. All the time of the wed­ding they might doe nothing but attend the bride­groome, they might not fast in the time of the marriage nor mourne, Mat. 9. 15. Can the children of the wedding mourne so long as the bridegroome is with them?

He who chiefly attended the bridegroome was called Who was the bride­groomes friend. [...], such a one was he to whom Sampsons wife was given, who was called his companion, the Chaldie called him [ Shushebhinah] Pronubus or auspex; this was [...] Pronubus, Auspex. not a friendly part in Sampsons companion to take the bride from him, for he that hath the bride is the bride­groome, but the friend of the bridegroome which standeth and heareth him, rejoyceth greatly, because of the voice of the bridegroome, Ioh. 3. 29. So in the spirituall marriage the Preachers who are Auspices or Pronubi, should not seeke the bride to themselues, seeking themselues and their owne prayse, but let the bridegroome haue the bride.

They who were [...], brought the bride into VVhat was the chiefe office of the bride­groomes friend. the tent of the bridegroomes mother, to fignifie now that she should be in that same place that his mother was in, Gen. 24. 67. They brought her into the tent of Sara, and so the bride brought the bridegroome into her mothers chamber, Cant. 3. 4. I held him and would not let him goe, untill I had brought him to my fathers house, and to the chambers of her that conceived me; she brought [Page 127] him into her mothers tent, to signifie that she should leaue father and mother and cleaue unto her husband.

They did two things after the marriage, first they blessed them, and then they sang [...], a marriage song, rejoycing for their marriage.

First, they blessed them, Ruth 4. 11. All the people that The manner of blessing the bridegroome. were in the gates, and the Elders said, we are all witnesses; and the blessing was this, the Lord make the woman that is come into thine house, like Rachel and like Leah, which two did build the house of Israel, and doe thou worthily in Ephrata, and be thou famous in Bethlehem: This was the blessing given to the bride. And againe, Vers. 12. Let thy house be like the house of Pharez (whom Tamar bare unto Iuda) of the seede which the Lord shall giue thee of this young woman: This was the blessing which they gaue to the bridegroome.

They prayed, the Lord make thee like Rachel; it was The explanation of the blessing. their manner in their blessings to alledge the examples of those who had beene happie and prosperous, and so when they cursed any body, they brought forth the example of the most wretched and miserable creatures, Ierem. 30. 21. The Lord make thee like Zedekiah and like Ahab, whom the King of Babylon rosted in the fire; such was the curse pronounced against the adulterous woman, Num. 5. 2. The Lord make thee an oath and a curse among thy people.

The Lord make thee like Rachel and Leah: Why like VVhy Rachel and Lea are taken for examples in the blessing. Rachel and Leah? Because these two came out of their Countrey with their husbands, and left their Parents, so did Ruth with Naomi to get a husband; secondly, like Rachel and Leah, because these two sought children of their husbands modestly, Gen. 30. 1. and vers. 16. So did Ruth of Boaz. Thirdly, why like Rachel and Leah, and not like Bilhah and Zilpah? Because these two were but handmaids, and they were not the mothers of ma­ny [Page 128] children, as Rachel and Leah. Fourthly, why first like Rachel and then like Leah? Because Rachel was more beloved than Leah. Fiftly, why like Rachel and Leah, and not like Sara and Rebecca? Because there came of them the Ismaelites, who were not of the Church, as well as the Israelites.

Doe thou worthily in Ephrata: in the Hebrew it is fac To doe worthily is to doe vertuously. virtutem; the Hebrewes put vertue for the substance gotten by vertuous doing, Psal. 49. He shall leaue his substance behinde him; in the originall it is, he shall leaue his vertue behinde; and Prov. 31. Fecerunt potentiam, id est, comparârunt opes.

Let thy house be like the house of Pharez; because there were fiue families in the Tribe of Iuda, and Pharez was the chiefe of them, Num. 26. 20. They pray then first that they may haue children; secondly, that they may haue meanes to maintaine and bring up their children; and thirdly, that they may liue in credit among their people.

After the marriage they did sing epithalamium, a song What song they sung af­ter the marriage. of prayse in commendation of the Bride-groome and Brid, Psal. 45. so Psal. 77. your virgins were not praised, that is, they were not married: and the house of mar­riage the Iewes called it [ beth hillel,] domus laudis.

The morrow after the marriage the Bridegroome came forth out of his bride-chāber in great pomp with his Bride, out under the vaile; and these who heard his [...] voice rejoyced because then the marriage was consum­mated: and David alludeth to this, Psal. 19. for as the Bridegroome made glad the hearts of his friends when he came out of his Tent or covering; so the Sunne when An anologie betwixt the Sunne rising and the Bridegroomes comming out of his chamber the morrow after his marriage. he commeth out of his chamber gladdeth the earth: his going out is from the end of the heaven, and his circuit to the end of it. Luk. 1. Christ is called [...], the Sunne rising from the East, that Sunne of righteous­nesse [Page 129] comming out of the bosome of his Father, and out of his bed-chamber rising in the East, did shine up­on the Iewes in the South, and next upon us Gentiles in the North, Cant. 7. 9.

The conclusion of this is. We are married to Iesus Conclusion. 1. Christ per confarreationem, when he giues us the blessed Sacrament, therefore let us come worthily to it, that we take it not as Iudas did the soppe, Ioh. 13. for that will make diffarreationem, or [...], a divorce from him for ever.

Secondly, we are married to him per coemptionem, Conclusion. 2. what was the Church when he married her? She was blacke like the Tents of Kedar: Miriam and Aaron grudged against Moses because of the Ethipian woman whom he had married Numb. 12. 1. so was his Church Cant. 1. 5. I am blacke, but yet if shee had beene rich, which is a second beautie, it had beene something; but being both blacke and poore, there was a hard matter for the Lord to marrie her. A certaine woman being as­ked what dowrie she gaue to her husband, she answered that she should keepe her selfe chast unto him onely, as a chast spouse. So we having nothing to bestow upon him, but he having pittie upon us when we were naked and uncomely, let us studie to meete him with heartie affection againe, and not to fall a whoring after other gods, which if we doe he will make us comely as the curtaines of Salomon.

Thirdly, they sung praises and rejoyced at the marri­age Conclusion. 3. of the Bridegroome and the Bride. So let us bee glad and rejoyce, and giue honour unto him, for the marriage of the Lambe is come, and his wife hath made her selfe readie, Revel. 19. 7.

CHAPTER XXXIIII. Whether a brother naturall (to keepe the Tribes distinguished) might marrie his brothers wife or not in Israel, or is it meant onely of the next kinsman?

THe Law is given first to naturall brethren, and not to kinsmen onely: for the Text saith, if bre­thren dwell together, and one of them die and haue no child, now what brethren dwelt together? are they Numerus cardinalis pro ordinali, vnus pro primo: as the evening and the morning was one day, that is, the first day. Gen. 1. not naturall brethren: and one of them haue no seed, that is, if the eldest of them haue no seed, vnus pro pri­mo.

And that it is meant of naturall brethren, see it by the practise of the people of God, for when Er died Onan was bound to raise up seed to him, Gen. 38. 9. So Ruth 1. when Machlon the elder brother died without chil­dren, The second brother was to marrie his eldest brothers wife. then the inheritance came to Chilion. And when Chilion died without children, then his Vncle his nee­rest kinsman was to succeed; and last the brothers chil­dren or cousin-germans, and he who was to succeed in the inheritance, it was he who was bound to marrie his brothers wife: wherefore the Law meaneth first of the naturall brother, and if there were no naturall brethren, then the cousins or next kinsmen were to doe this du­tie.

When the Sadduces propounded the question to Christ, that seven brethren married one wife; it is meant [Page 131] of seven naturall brethren, see Tobit 3. 8. And where it is said Deut. 25. 5. the wife of the dead shall not marrie with a stranger, what is that, with a stranger? That is with one who is not of the familie of him who is dead. And first she was bound to marrie with the naturall brother, who was not a stranger, and if there had not beene a naturall brother, then with the next of the kinsmen, who was not a stranger. Wherfore ijbbam and [...] are understood first of the naturall brother, and then of the next kinsman.

But it is promised under the Law as a great blessing, Object. that he should leaue a posteritie behind him, and that his name should not be blotted out in Israel. But if the brother married his brothers wife, then his children were not called his children, but his eldest brothers children, and so his name was blotted out in Israel: and so he might haue set up a pillar as Absalon did for con­tinuance of his name, because he had no children of his owne.

But to haue the name of Iesus Christ continued is a Answ. greater blessing, To be the father of Iesus Christ according to th [...] flesh, a greater blessing to the second brother, then to haue children of his owne. Psal. 72. 19. coram sole filiabitur nomen e­jus per successionem filiorum, we see what befell Onan be­cause he refused to doe this dutie, h [...]e said the seede should not be his, therefore the Lord slew him, Gen. 38. 9. 10.

But God expresly forbad in his Law, that a man should lie with his wives sister, and by the same Law it Object. is forbidden that a man should lie with his brothers wife, this might seeme to bee incest and confusion.

God indeed forbad in his law that a man should lie Answ. with his brothers wife, God hath many excep­tions from his owne Law. but God who gaue that law, hath given this law also. And as the Iewes say, qui ob­servare jussit Sabbatum, is etiam jussit profanare Sabbatum. So the Lord who forbad a man to lie with his brothers wife, hath reserved this priviledge to himselfe to make [Page 132] an exceptiō from the law. The Lord commanded in his Law Deut, 24. 4. If a man put away his wife and shee goe from him, and become another mans wife, he may not take her againe to wife; yet the Lord tooke his Church againe Ier. 3. 1. he hath reserved sundry priviledges to himselfe and exceptions from the Law▪

Secondly, we must distinguish here betwixt these Morale positivum. Div [...]um positivum. lawes which are morall positiue lawes, and these which are divine positiue lawes. Morall positiue lawes are such, We must distinguish be­twixt the morall posi­tiue part of the Law, and the divine positiu [...] part. which the very light of nature commaundeth. Divine positiue lawes are these, which are accessory commaun­dements added to the first. Example. This is a morall positiue law, that a man should not lie with his mother, no [...] with his mother in-law; for this is a fornication that is not named amongst the Gentils, 1 Cor. 5. 1. And it was for this sort of incest that the Cananites were cast out of Canaan. So this is primarium jus naturae, or morale posi­tivum, that a man should not lie with his daughter, nor his daughters daughter, descendendo descending down­ward. But this againe is divinum positivum, or secundariū What is prim [...]rium, and what is secundarium ius naturae. jus naturae▪ in the collaterall line that a man should not lie with his sister or his brothers wife, no marriage in the collaterall line was forbidden at the first by the law of nature, or morall positiue law, but it was forbidden afterwards by the divine positiue law, Levit. 18. 16. When Iuda lay with his daughter in-law, this was incest in the highest degree, because it was contrary to jus naturale, or morale positivum. So when the Corinthian lay with his mother in-law, it was against morale positi­vum, or jus naturale. But when Amram married Io­chabed [...] Amita, it should not be translated Pat [...] ­ [...]lis his cousin-german but, his fathers sister. See Num. 26. 59. his fathers sister, Exod. 6. 20. this was not against the morall, positiue, or naturall part of the Law, be­cause it was not in the right line, but in the collaterall, although in the neerest degree, it was against the divine positiue law.

And for to replenish his Church with people, God ov [...]rsaw this sort of marriage at the first. But God doth more here, he commandeth the brother to raise up seed to his brother. First this is not contra primarium jus na­turae, because it was not in the right line. Secondly it is an exception from secundarium jus naturae: for when God willed them to doe this, he willed them not to doe this to satisfie lust, for that was contrary to primarium jus naturae, but onely that the elder brother might bee a type of Iesus Christ, who should neuer want a seed in his Church. If a woman were barren, the Lord could not command another man to goe in unto her and be­get children upon her, for that were contra primarium jus naturae; the Lord will not suffer now that a brother should marrie a sister, as he did in the beginning of the world, neither if a brother now should marrie his eldest brothers wife were it lawfull, for now the eldest bro­ther is not a type of Christ, and it should not bee an exception from the Law, but contra secundarium jus na­turae.

The conclusion of this is. God who giveth the Law Conclusion. maketh not a Law to himselfe, but he hath reserved to himselfe exception from the Law, when and where it pleaseth him.

CHAPTER XXXV. Of their prisons and places of punishment.

THey had sundry sorts of Prisons; first, they had Of their place of pu­nishment. Warding, as Shimei was confined not to come over the brooke Kedron; and, Abiather in Ana­thoth, [Page 134] and he who killed casually was confined in the Three sorts of Prisons among the Iewes. Citie of Refuge; this was a free sort of Prison, at the first Carcer non erat pars paenae, the Prison was not a part of the punishment.

Secondly, they had another sort of Prison, in which they were more restrained than in the Ward, they were kept in Prison, but others had accesse to them, as when Iohn was in Prison, his Disciples had accesse to him; so Paul was in bonds, but yet he begot Onesimus in his bonds, Phil. 1.

Thirdly, they had a more straite Prison called [...], Custodia, a close Prison.

And fourthly, they had a deepe or a low pit; the Greekes called it Barathrum in Athens, and at Rome it was called Tullianum; such was that Prison in which Ieremie was let downe with cords in a Dungeon, where was no water but myre, Iere. 38. 6. And Zacharie allu­deth Allusion. to this, Zach. 9.. 11. As for thee also by the bloud of thy Covenant, I haue sent forth thy Prisoners out of the Pit wherein is no water.

There were some Prisons within the Citie of Ierusa­lem, See Nehem. 3. 25. and some without the Citie; within the Citie, as the house of Ionathan, which was neere the Kings Pa­lace, Some Prisons within, and some without the walles of Ierusalem. Iere. 37. 15. So the Dungeon of Malchior, the son of Hammelech, Iere. 38. 6. So they had Prisons without the gate, as that Prison wherein Peter was put, Act. 12. 10. And when they had passed the first and the second Ward, (that is, the quaternions of Souldiers that kept him) they came unto the yron gate that leadeth unto the Citie: this Prison was without the gate neare Mount Calvarie, and it was the loathsomest and vilest Prison of all, for in it the theeues who were carried to Calvarie to be exe­cuted were kept. And Christ alludeth to this Prison, Allusion. Mat. 25. 30. Cast him into utter darkenesse, where there shall be weeping and wailing, and gnashing of teeth: which [Page 135] Allusion could not be understood, unlesse there had beene a darke Prison without the Citie, where was ut­ter darkenesse.

Now let us compare Ezechiels Ward, Cap. 4. Ieremies A difference betwixt three sorts of Prisons. Prisons, Iere. 37. and 38. and Peters Prison, Act. 12.

Ezechiel when he was warded in his owne house by These things were not done in vision but re­ally, for when he saith a thing was done in visi­on, he saith, in simi­litudine onely. the Lord, Cap. 3. 24. First, he was commanded to stay in his owne house; secondly, he was commanded to lie three hundreth and ninetie dayes upon his left side, Cap. 4. 4. and fortie dayes upon his right side, Vers. 6. Then for his dyet, he is commanded to take wheat, bar­ley, and beanes, and lentils, and millet, and fetches, and to put them all in one vessell, & to make bread of them, Vers. 9. there was no choise of bread here, and then to cover and bake it with mans dung, Vers. 12. or at the least with cowes dung, Vers. 15. And for the quantitie, he should eate it by measure, twentie shekels weight e­very day, Vers. 10. which was ten ounces; and his drinke was by measure the sixt part of an Hin of water, Vers. 11. which was as much as twelue egges would hold.

Now let us see how Ieremie was handled in his Pri­son, Shemajah gaue commandement by a Letter to put him in the stockes, Iere. 29. 26. In the Hebrew it is [ El-hazinok] navis sugentis, as yee would say, the ship [...] of the sucker, they closed the Prisoner betweene two boords, and they gaue him some liquor in the meane time to preserue his life. So Iere. 11. 19. Mittamus lig­num in panem ejus; Chaldeus, proijciamus lignum, that is, if he will, let him eate the stockes, he shall haue no o­ther bread▪ or, corrumpamus penem ejus, the english tran­lation hath it, let us destroy the stalke with his bread; and Ieremie was in a deepe Dungeon where he stood in myre and clay, Iere. 38. 6. So they used to put them in the stockes; they were at the first called Nervi, because they [Page 136] were made of the sinewes of beasts, and afterwards they were made of yron, Psal. 105. 18. whose feete they hurt with fetters, he was laid in yron.

Then for Peters Prison, it was utter darkenesse, with­out Peters Prison a loath­some Prison. the Citie, that the stench and filthinesse of these prisoners might not be offensiue to the Citizens, the most loathsome Prison of all, and the darkest Prison, and therefore a great wonder when the light shined in it, Act. 12. 7.

There are three Prisons; first, our mothers belly, in Three sorts of Prisons. which we are first Prisoners; and secondly, the graue; and thirdly, the Prison of the wicked in hell.

This first prison it is a straite prison; it was a great preservation when Ionas was preserved three dayes in the Whales bellie, the weeds being wrapped about his head, and the earth with her barres closed him round a­bout, Ionah 2. 5. Yet his life was brought up from corrup­tion; it is as wonderfull a preservation in our mothers belly how we should liue, being so wrapped there and preserved from corruption; he was but kept there three dayes, but man is kept nine moneths.

Our second Prison is the graue, Ionas was kept in the The graue a strong Prison. Whales belly with jawes and teeth; Peter was kept in the Prison with foure quaternions of Souldiers; but man is kept within this Prison with a more terrible guard, when the body is sowne in corruption, in disho­nour, and in weakenesse, 1 Cor. 15. 43. And oftentimes with sinne the greatest enemie of all, Iob 10. 11. their sinnes lie downe in the dust with them, that is, in the graue, this Prison keepeth a man sure.

The last Prison is that of the wicked in hell; man Hell a terrible and fearefull Prison. when he dyeth is said to returne to his owne earth. Ps. 146. 4. That is, he hath right to the earth, because he was made of the earth, and he must returne to it againe; So the wicked haue right to hell, it is their proper inheri­tance, Iudas went to his owne place, Act. 1. 35.

A childe when he is in his mothers belly, his first pri­son, although he be wrapped up there, and closely kept, yet he hath a kinde and louing keeper, his mother; but the graue is a terrible keeper and an enemie, 1 Cor. 15. 26. Yet this enemie must render up her dead againe; & even as the Whale spued out Ionas, because he could not concoct him; so shall the graue cast up her dead a­gaine, not being able to concoct them; but there is no redemption out of hell the last prison: In other Pri­sons, men haue found some mitigation and favour, but never any in this prison. Ioseph was put in fetters, the yron entered into his soule, Psal. 105. 18. That is, the yron cut his flesh, and came as it were to the soule; but the Lord was with him, and extended kindnesse unto him, and gaue him favour in the sight of the Keeper of the Prison, Gen. 39. 21. But in this prison the Lord is not with them, neither finde they any favour in the eyes of their Keeper; but as the Task-maisters doubled the Taske upon the poore Israelites in Egypt, and were heavie ex­actors over them, and said daily to them, Get you to your burthens; so these fiends of hell are rigorous ex­actors over the wicked: Ieremie when he was in a deepe Prison, yet he had Ebedmelech to intercede for him, Iere. 38. 7. but none doe intercede for the wicked. Peter was in a darke Prison, yet the light did shine about him, his fetters fell off from him, & the Angell led him forth, and set him free; But in hell, there is no light nor no redemption out of it.

The conclusion of this is; as Ieremie prayed unto the Conclusion. King Zedechias, that he would not cause him to returne to the house of Ionathan the Scribe (which was the prison) lest he died there, Iere. 27. 20. So let us put up our sup­plications to the Lord, that he would not send us into that eternall Prison to die for ever.

CHAPTER XXXVI. Of their Whipping.

THere were sundry sorts of punishments amongst Divers sorts of punish­ments. the Iewes; first, damnum, secondly, vincula, thirdly, verbera, fourthly, talio, fiftly, ignominia, sixtly, servitus, seventhly, mors. But they never used to banish any, because they would not put them where there was a strange Religion professed.

When they whipt their malefactors; first they had a respect to the offence committed; and secondly, to the person who was to be whipt; and thirdly, to the whip.

First, they had a respect to the offence; in simplici de­licto, They had a respect both to the person and to the offence in whipping. they might not exceede fortie stripes, but they might diminish the number of the stripes, if the person offending had beene of a weake body; Secondly, for a double offence they might not exceed fortie, but they were to giue him the full fortie all at once; if a man had committed theft, and with all had added perjurie, this was a double offence, and for this he got the rigour, full fortie.

If he had a strong body, and committed a double of­fence▪ then he got the full fortie all at one time; second­ly, if he had a strong body and committed a simple of­fence, then he got not the full number; thirdly, if he had had a weake body & committed a double offence, then he got the full number, but at two severall times; but if he had beene of a weake body, and committed a simple offēce, then the number of the stripes was much diminished.

Againe, they considered how many stripes the offen­der might beare, and the number of the stripes which the whip gaue: Example, the offender is able to beare twentie stripes, and they adjudge him to haue twentie stripes; now they giue him but sixe blowes, for if they had given him seven blowes, they should haue excee­ded the number prescribed, for the whip wherewith they whipped them had three thongs, and if they per­ceived that he grew faint and weake, when they were beating him, they diminished some of the number; if they ordained that he should haue twelue stripes, and observed in the meane time that he fainted not, yet they exceeded not that number twelue, which they had or­dained to giue him at the first.

When they whipped Paul, 2 Cor. 11. 24. and gaue him thirtie-nine stripes at three severall times; first, it seemes that he hath beene of a strong body; secondly, it was for three severall offences (as they thought) that they The offender was not whipt thrice for one fault. beat him; for if the offender had thrice committed the selfe same fault, then he was no more beaten, but he was shut up within a narrow wall, wherein he might neither sit nor stand, and there he was fed Pane afflictio­nis & aquâ pressurae; example, if he had eaten the fat twice, Levit. 3. 17. he was but beaten twice; but if he had eaten the third time of it, then he was shut up in a close prison, or such a prison in which Ahab comman­ded Micheas to be put, 1 King. 22. 27.

The offender was bowed downe when he was bea­ten, Deut. 25. 2. he neither sat nor stood, and he who whipt him, stood upon a stone, and he let out or in the whip, by drawing up or downe the knot upon it; for when the knot was drawne up, then the thongs spread farther and gaue a shrewder blow; and when the knot was drawne downe, then the thongs were contracted, and they gaue the lesser blow; when he stood behinde [Page 140] him, then he whipt him upon the breast and belly, and he gaue him three blowes at a time; and when he stood before him, he lashed him upon the shoulders, and gaue him sixe blowes, three upon every shoulder.

There stood three Iudges by when he was whipt, Three Iudges stood by when they were whipt. the first repeated these words of the Law to him, Deut. 28. 58. If thou obey not all these things, then the Lord shall multiply thy plagues: the second Iudge numbered the stripes; and the third Iudge said to the whipper, Lay on, shelishi omer lachozen hacce, Dicit ei qui portat fla­gellum, [...] Maymone Hal: Sanht: cap. 16. percute.

He who was beaten, was not disgraced by this bea­ting, for whipping amongst them was but as a civill Whipping was not a disgrace amongst the Iewes. mulct, or fyne, not a disgrace as it is amongst us, and therefore the Lord said, Deut. 25. 3. That thy brother should not seeme vile in thine eyes. When they whipt a­ny of their brethren, they did it not in scorne or derisi­on, but in compassion, they looked upon him, and re­ceived him after the punishmēt, as their brother againe: and as he who looked upon Cato Vticensis seeing him drunke, turned away his eyes and seemed to take no no­tice of it, being ashamed that such a graue man should be so overtaken; so did they behold their brethren with pitie, and were readie to cover their offence, and would not upbraid them afterwards for it.

The spirituall uses which wee are to make of these Conclusion. 1 whippings, are first, as they fitted the whip to the per­son, if he were weaker or stronger, so the Lord layeth no more upon us than we are able to beare.

Secondly, as the Iudge stood by and numbered the Conclusion. 2 stripes; so the Lord our God numbereth all the afflicti­ons which befalleth his children.

Thirdly, although they were beaten, yet they were Conclusion. 3 not vile in the eyes of the Iudges, so when the Lord cor­recteth us, he counteth not basely of us, but esteemes us as his children.

Fourthly, as they were reckoned still brethren when Conclusion. 4 they were whipped; so should we account these who are afflicted, and the Lords hand upon them, to be still our brethren.

CHAPTER XXXVII. Whether an Israelite that had lien with a bond­maide, that was betrothed, was whipped or not?

THe Iewes did hold, if an Israelite had lien with a bond-woman betrothed, and not redeemed, she was to be beaten, and he was to offer a sacri­fice for his offence; shee was to be beaten, because shee was not a free-woman, and shee had nothing to offer, and although she had, yet she could not offer it, because she was a stranger and not converted.

The Seventie translate it [...], from [ Bakar] [...] Vapulatio erit a [...] [...] Inquirere; but it commeth from [ Bakar] Bos, because they were whipt with a thong of oxe-leather, and some translate it Nervo bovino.

The reason why the Iewes held that the woman should onely be beaten is this, because the word [ Tihieh] is in [...] The Iewes held that the woman was beaten and not the man. the feminine gender, and they reade it, she shall be beaten and not the man; he committed not adultery, he pollu­ted not another mans wife, nor a free-woman, but a [Page 142] stranger, and a slaue, therefore he was not to be beaten, but to offer a sacrifice; but this word [ Tihieh] may a­gree as well with [ Bikkoreth] which is in the feminine gender, and not to reade it ipsa erit vapulatio, she shall be beaten, but there shall be a beating, that is, they shall be both beaten, and the man so much the rather, because he lay with her who was betrothed to another; and the words following seeme to imply so much, they shall not be put to death; this whipping shall be a sufficient pu­nishment for them: the Seventie translate it [...], but Ionathan in his Paraphrase following the rest of the Hebrewes, paraphraseth it thus, Scrutatio erit in judicio ejus; ut vapulet ipsa rea, & non ipse.

But the man is bound to bring a Ram for his trespasse Object. offering; if he had beene whipt, why is he commanded to bring an offering?

Because his sinne was greater than the womans, Answ. therefore he was both whipt and brought his offering, in cunctis nuditatibus pares sunt vir & famina; if a free The punishment of the man & the woman was alike for every unclean­nesse. man had lien with a free-woman in Israel, then he was bound to marry her, or else to pay her dowrie; second­ly, if a free man lay with a bond-maide that was betro­thed and not redeemed, then they were both whipt; but neither of them put to death; he died not although the woman was betrothed, because she was not a free-woman; thirdly, if a free man had lien with a free wo­man betrothed, then they were both to die; fourthly, if a free man had lien with a married woman, then they were both to die, Deut. 25. Fiftly, if a married man had lien with an unmarried woman, they were both to die: lastly, if both the persons had beene married, they were both to die; here in cunctis nuditatibus sunt pares, vir & faemina.

Those who are equall in sinne, shall be equall in pu­nishment. Conclusion. 1

The punishment did not expiate the sinne, but the sa­crifice. Conclusion. 2

The whore and the harlot are one flesh, therefore but one sacrifice for both. Conclusion. 3

CHAPTER XXXVII. De Lege Talionis, Of the Law of Retaliation.

THe Lawyers when they interpret this Law, they Talio Analogica. Identitatis. say, that there is talio analogica & talio jdentitatis; and they say, that talio identitatis should be obser­ved, if the cause be alike, and the persons, and the man­ner of doing. Example; a private man beateth out his neighbours eye in spite and malice, therefore his eye should be pulled out againe; but talio similitudinis is then to be observed: when the fact varieth in many cir­cumstances, as who did it, to whom he did it, &c. then talio analogica should be observed, but not identitatis: example; if a sonne should beat his father, he should not be beaten againe, but he should die the death; here they obserue not medium rei, but medium personae. Example Medium Rei. Personae. the second, in that Parable of Nathan to David, when the rich man came and tooke the poore mans sheepe, 1 Sam. 12. 3. Here medium rei was not to be observed, but medium personae, because he was a rich man. So in commutatiue Iustice we obserue medium rei, but in distributiue Iustice we obserue medium personae.

Againe, they distinguish betwixt Radamantheum jus, The strict sense of the Law of Retaliation. the strict sense of the Law, and [...] or [...], [Page 144] or reciproca paena. The strict sense of the Law is, when literally they will haue eye for eye, and tooth for tooth; the milder sense of the Law, is, when they will haue some other satisfaction for the wrong done: the Iewes generally follow this sense of the Law, if a man did beat out his neighbours eye, or his tooth; they fol­lowed not this Rhadamantheum ius, or the strict sense of The milder sense of the Law of Retaliation. the Law, that he should pay one of his owne eyes, or one of his owne teeth for it, but that he should satisfie the man whom he had wronged, by paying so much money to him; for in these cases that were not deadly, they held that they might make recompence and satis­faction by money: and they giue this instance out of the Law; if an Oxe were wont to push with his horne, and it hath beene testified to his owner, and he hath not kept him in, but that he hath killed a man or a woman, then the Oxe shall be stoned to death, and his owner shall be put to death, or if there be a summe of money laid up­on him, then he shall giue for the ransome of his life what­soever is laid upon him, Exod. 21. 30. 31. Here he might redeeme his life with a ransome, because he was not the direct killer, if he satisfied the parties by giving a sum of money. So they held that they might satisfie for such transgressions which were not capitall, by paying of money. And the law of the twelue Tables amongst the Romans saith, Si unum perfoderit unius jactura multari, The Roman Law of Retaliation. si utrum (que) unius tantùm ut sceleris sui notam gestare possit; & quoniam funesta & impia manus amputari ei debet, pro manu ablata, bessis patrimonij sui irrogatur, id (que) in solatium vitae ejus cui oculi sunt effossi, auferto. If he had put out both the mans eyes, they would take but one of his eyes, and cut the hand from him for the other eye, and then they mitigated that part of the punishment, and they made him pay the fourth part of his substance to relieue the man whose eyes he had put out.

The Heathen say, that Ceres the goddesse of Corne, Simile. cut off the shoulder of Pelops, Ceres could not set in a shoulder of flesh and bone againe, therefore the gods tooke the next best course, and they ordained her to put in a shoulder of Ivorie to Pelops: so he that had beaten out an eye or a tooth of a man, he could not put it in a­gaine; therefore they thought it good that he should put in a shoulder of Ivorie, that is, with his goods to maintaine him whom he had hurt.

CHAPTER XXXVIII. That theft amongst the Iewes, was not capitall.

THeft by the Law of Moses was punished by resti­tution, Three sorts of Precepts amongst the Hebrewes. paying sometimes two for one, or foure for one, or at the most fiue for one, & not aboue.

The Hebrewes had three sorts of Commandements, [...] Praecepta [...] Gravia [...] Levia. [...] Media. Hebrewes had three sorts of Commandements, first, they had [ Mitzboth Hhamuroth] Praecepta gravia, and [ Mitzboth Kalloth] Praecepta levia: those which they call, Praecepta gravia, here they say the punishment is al­wayes indispensable, as the murtherer is alwayes to die the death. Secondly, they had Praecepta levia, as not to kill the dam sitting upon the egges; this was one of the judiciall Lawes of the lightest sort, for there was no punishment in Israel for transgression of this Law; so if an Oxe had killed a man, his flesh was not to be eaten, this was one of their judiciall Lawes; but if a man had eaten the flesh of such an Oxe, he was not to die for it.

Thirdly, they say, they had Praecepta media, where the punishment might be enlarged or diminished, but not unto death, as in theft.

Affirmatiue commandements binde not so strictly How affirmatiue and negatiue Precepts bind. as Negatiues doe, this is a Negatiue, yee shall not suffer a Witch to liue, but this is an Affirmatiue, that the theefe shall pay fourefold or fiue; this Law had sundry excep­tions and mitigations, it might be extended or mitiga­ted, he was bound to pay fourefold, but yet the Magi­strate might haue mitigated this, and taken but twofold from him; and they might haue extended it further, as Salomon extendeth it to sevenfold, Proverb. 6. 31. [Ieshallem Shibhgnathaijm] he shall pay sevenfold: the He­brewes [...] double the duall number, ten in the duall num­ber, VVhat the doubling of the duall nūber among the Hebrewes signifieth. is twentie; three is thirtie; and foure is fortie; but when they come to seaven, here they double not. The light of the Moone shall be as the light of the Sunne, and the light of the Sunne shall be sevenfold; then he addeth for explanation, as the light of seven dayes, Esa. 30. 26. Here Shibhgnathaijm doubleth not in the duall number, as in the former numbers, but onely standeth for seven, he shall pay Shibhgnathaijm, that is, seven for one; VVhat the number se­ven signifieth. some interpret it a definite number for an indefinite, or he shall pay sevenfold, that is, as much as two for foure; but it is not the manner of the Scriptures to take the number under seven, for seven; or he shall pay seven­fold, that is, much more then he tooke; and the words following seeme to approue this interpretation, he shall pay all the substance of his house. And sometimes this pu­nishment was extended to death, as Davids sentence was, that he should die the death, because he tooke the poore mans onely sheepe. Some answere that it was not for his theft that David gaue out sentence of death up­on him, but for his oppression and violent theft, as if a man had come by night, and had broken into a mans [Page 147] house, and had stollen any thing, then he might haue safely killed him by the Law, and he was not to die for it; but if he had come after the Sunne rose, and had sto­len any thing, and the owner of the goods had killed him, then he was to die for it.

But out of Davids answere we may obserue this, that The person against whom the theft is com­mitted aggravateth the sinne. the person against whom the sinne is committed, aggra­vateth the sinne, as for a rich man to steale a poore mans sheepe; so the time aggravateth the sinne, if the theefe came in the night to steale, then the owner of the goods might safely kill him, because of his violent theft. But it may be asked, what is violent theft? If a man steale to satisfie his hunger, that is not violent theft, but if a man steale who may get his living other wayes, and liue upon the sweat of other mens browes, or if he steale from one that hath small means to liue on, or if he haue meanes to liue upon who stealeth, this is judged vio­lent theft, and the Magistrate for this may put him to Tom. 1. 2. Municipall Lawes bind onely in the Countrey where they are made. death. Thomas observeth well, that the Magistrate may adde to the judiciall Law of Moses according to the ne­cessitie of the time, and greatnesse of the offence; and as the Municipall Lawes of other Countries oblige not men, but in the Countrey where they are made, so doth not Moses judiciall Law; A Magistrate in Israel was bound when a malefactor was whipt not to giue him a­boue fortie stripes, this Law bindeth not the Magistrate now, sed crescentibus delictis exasperantur paenae, but the equitie of Moses judiciall Lawes bindeth all people; this is the equitie of Moses Law, that for violent theft, a man should alwaies die, and the Law judged that vio­lent theft, which is not for a mans necessitie to satisfie his life.

What if a poore man had but a little to saue his life, Quest. and another were in as great extremitie, whether were this violent theft for him to take from the poore man in such a case.

No doubt it were, therefore Christ sayth, Answ. [...]hee that hath two coats, let him giue his neigbour one, How Christs words are to be understood in workes of charitie. to wit in his necessitie, but not he that hath one coat, for then he was not bound to giue it.

It is alledged Prov. 6. 30. that the theife should pay seven-fold, Object and not be put to death, but the jealous hus­band will kill the adulterer.

This place proveth nothing, it sheweth onely what Answ. the jealous husband doth, it sheweth not what he may doe. And secondly, for the theife, it sheweth onely what was the usuall punishment amongst the Iewes, by their judiciall Lawes to take seven fold, but it sheweth not what may bee done by the positiue lawes of other Countries.

The conclusion of this is; Now under the Gospell theft is a greater sinne then under the Law, and the ne­cessitie A difference betwixt that which is done, and that which should bee done. is greater amongst us generally, then it was a­mongst them. And thirdly, that selling of men to make restitution for things taken by theft, is not in use a­mongst us, and therefore theeues may bee put to death.

CHAPTER XXXIX. Of their proceeding in judgement before they executed the malefactor.

THose who were appointed to be saved amongst the people of God, he used to set a marke upon Those that were to bee saved, the Lord caused to marke them. them, Exod. 12. When the Egyptians were to be [Page 149] destroyed, the Lord commanded his people to sprinkle the bloud of the Paschall Lambe upon the lintels of their doores; and from this as Epiphanius marketh, the Lib. 1. cont▪ har. 18. Egyptians used at the Equinoxe in the Spring, to take vermilion and to rubbe over all their trees and houses with it, saying that, at that time of the yeere the fire had almost burnt up all Egypt, and therefore they use this as a signe in remembrance of their deliverance. So the Lord commanded Ezekiel to set a marke upon those of Ierusalem that mourned, whom he was minded to saue. Ezek. 9. 4.

But what was the reason that he set not a marke of Quest. destruction upon them that were to be destroyed, as he set upon these who were to be saved?

The reason was, Answ. because of the great number that was to be destroyed, God did not marke those who were to be destroyed, because of their great number. in respect of the handfull that was to be saved, for where there was one to be saved, there was a hundred to be destroyed; there were but seven thousand who bowed not their knee to Baall, and of the great multitude that came out of Egypt, onely two entred into the land of Canaan. And Revel. 7. 4. of all the Tribes of Israel there were but one hundred and for­tie foure thousand sealed in the fore-head. And in Ie­remies time it was very hard to find one that executed judgement in all the streetes of Ierusalem, Ier. 5. 1. There were a few good men at that time, as Ieremie himselfe, Ebedmelech the Blackmoore, Vriah the Prophet, and the Rechabites▪ But the most of the rest were naught, and if Ierusalem had beene searched few had been found in it. And this was a griefe to the Prophet Micah, which made him to complaine, that hee could not get a cluster to eate, Mica. 7. 1. meaning that the good men were perished out of the earth.

The Heathen learned this of the people of God, to marke those who were to be saved with the letter [...]tau, [Page 150] and these that were condemned with the letter [...] theta. It The heathen marked the condemned with theta, and them that were absolved in judgement with ta [...]. Ascon. ped: was the custome of the ancient warriors, when they re­turned from battaile, he who kept the register of their names, marked the names of those who returned safe with the letter tau, and the names of those who were wanting with the letter theta, the Latines learned this from the Grecians, the Grecians from the Egyptians, and the Egyptians from the people of God. Persius

They put not two to death in one day, except they The Iewes put not two to death in one day, but for the same crime. were guiltie of one crime, and they giue this example; If a man had lien with the Priests daughter, he and she were not put to death both in one day, because she was guiltie of a greater sinne then he, therefore she was to be burnt quicke, but he was not to be put to death that day, neither was he burnt quicke as she was.

How came it to passe then that they put Christ and the two theeves to death in one day, seing Christ▪ was Quest. condemned for affecting the Kingdome, and the theeves for theft?

Christ and the two theeves were condemned Answ. for one fault because they were [...], [...] seditiosi Mark. 15. 7. a [...] sediti [...] factio▪ troublers of the peace of the Kingdome; and therefore the theife said, thou art [...] in the same condemnation, Luke 23. 40. Barrabas was a murtherer and so should haue dyed by [...] Effractores. the sword, but because he made insurrection and trou­bled the common peace, therefore he was to be cruci­fied. And the Hebrewes call these [ perizim] effractores, and the Rabbins called them listin, from the Greeke word [...], they tooke armes to trouble the peace of the Common-wealth, and they used to crucifie all these who troubled the Kingdome and made insurrection.

CHAPTER XL. Of their Capitall punishments.

THere were sundry sorts of punishments inflicted upon malefactors by the house of judgement a­mong the Iewes. Some of them were burnt, some of them were strangled, some of them were stoned, and some of them were beheaded, and some of them were drowned.

He that lay with his mother, or daughter in law the wife of his sonne, or with a maide that was betrothed, Who were stoned. Deut. 22. 24. Or if a woman bowed downe to a beast, Levit. 20. 16. so the blasphemer, Levit. 24. 14. and I­dolater, Deut. 17. 5. So he who offered his seed to Mo­lech, Levit. 20. 2. He that had the spirit of divination or was a wizard, Levit. 20. 27. He that profaned the Sab­bath, he that cursed his father or his mother, Levit. 20. 9. so the disobedient sonne was stoned to death. Deut. 21. 21. He that perswaded or enticed others to Idolatry, Deut. 13. 1. all these were stoned to death.

First the Priests daughter if she committed adulterie. Secondly he who lay with his owne daughter. Thirdly Who were burne. he who lay with his sonnes wife. Fourthly he who lay with his daughters daughter, or with the daughter of his wiues daughter. Fifthly he who lay with his mo­ther in law, or with the mother of his mother in law, or hee who lay with the mother of his father in law, his wife being yet aliue; even all these [Page 152] were burnt. Iosh. 7. 15. He that is taken with a cursed thing shall be burnt with fire, and vers. 25. all Israel stoned him with stones, first he was stoned, and then burnt.

Those who killed were beheaded, and those who fell Who were beheaded. away to Idolatry.

The fourth sort of punishment was strangling; w ^ch was Who were strangled. the lightest sort of punishment capital among the Iewes. First he who did strike his father or his mother. Secōdly he who stole a man in Israel. Deut. 24. 7. Thirdly any old man who hearkened not to the voice of the Synedrion. Fourthly a false Prophet; and he who lay with another mans wife. Fiftly, he who defiled the Priests daughter; all these were strangled. And the Iewes say, wheresoever this punishment is set down, let his bloud be upon his owne head, it is to be understood of stoning; but where the phrase is found, let him die the death, and the punish­ment not set downe in particular, then it is to be under­stood of strangling. But this holdeth not, it is said Exod. 21. 12. he that smiteth a man that he die shall surely bee put to death: so it is said, that the adulterer shall die the death, yet he was not strangled but stoned. Ezek. 16. 40. Ioh. 8. 45.

This strangling the Romanes changed into crucifying, [...] crucifigere [...] Crux. [...] Arbor. [...]. which was called [ zacaph] crucifigere, and the crosse was called [ zeceph] crux, and [ gnetz] arbor, and the Greekes called it [...] lignum geminum.

Lastly drowning, Mat. 18. 6. It were better that a mil­stone were hanged about his necke, and that he were drowned [...] dimersio in pelagus, sub­mersio. in the midst of the Sea; and the Greekes had [...], they were put in a chest of lead, and sunke in the Sea, as Casaubon sheweth out of Athenaeus.

What sort of punishment is meant Quest. Gen. 17. 14. he that [...] Excisio. is not circumcised, that soule shall bee cut off from his peo­ple?

The Hebrewes expound this sort of punishment di­versly, Answ. [Page 153] Kimchi saith, he shall be punished by the Lord, but he addeth, that he is much mistaken who thinketh that the child not being circumcised is secluded from the life to come. Moses Cotzensis thinketh, that these who were not circumcised the eight day, should dye without children, alluding to that place Levit. 20. 20. But all of them agree in this that the punishment is in­flicted by the Lord.

Exod. 31. 14. Whosoever doth any worke on the Sabbath Object. day he shall be cut off from his people, and bee surely put to death, by cutting off here is meant, cutting off by the Magistrate, why should it not then be so understood in that place Gen. 17. 14. so Levit. 20. 6. If any goe after wizards, I will set my face against him, and cut him off; by cutting off here is meant, to be cut off by the Magistrate, why is it not so then to be understood in that place of Genesis before mentioned?

Maymone answereth to these places, distinguishing Answ. betwixt the manifest transgression, and the hidden trans­gression of the Law, if one did violate the Sabbath with a hie hand, and if there were witnesses, and he were ad­monished before not to doe so, then he was cut off by the hand of the Magistrate; but if he was not admoni­shed secretly before, and did transgresse, then hee was cut off by the hand of the Lord. But wee must distin­guish betwixt these phrases Levit. 17. 10. and 21. 6. I Difference betwixt these two phrases, I shall cut off &c. and thou shalt cut off &c. shall cut off that soule, and thou shalt cut off that soule; Exod. 22. 18. thou shalt not suffer a witch to liue, but when hee sayth, I will set my selfe against that soule which eateth blood, and will cut him off from my people, then it is meant, that by his owne hand immediately hee will cut him off.

But what sort of cutting off by the hand of God is Quest. meant here?

It is not meant of any bodily punishment inflicted Answ. [Page 154] upon their bodies, or upon their posteritie, as the Iewes interpret it, but of excommunication and secluding them from the Church. So Calvin, Iunius, Deodati ex­pound it.

CHAPTER XLII. Why they gaue wine to those who were go­ing to be executed.

THey used to doe three things to them who were condemned. First, they gaue them wine to drinke to comfort them. Amos 2. 8. They drunke the wine of the condemned in the house of their God; that is, they dranke the most excellent wine, for such wine they gaue to the condemned. Secondly, they used to apply [...], soft wooll, which the Chirurgians apply to wounds to mitigate their paine, because their death was a lingering death. Thirdly, they used to hold odorife­rous canes or reedes to their nose to refresh their braines.

But see what miserable comforters the Iewes were to Christ, Luke saith▪ [...], they derided him, Luk. 23. 35. for in stead of wine, they gaue him vinegar and gall to drinke, which was a most bitter sort of drinke; and the Lord saith Ier. 9. 15. I will feed this people even with wormwood, and giue them water of gall to drinke. And for [...] they gaue him [...], hysope tyed about a reed and dipped in vineger, and they gaue it him not to quench his thirst, but to smell it in derision.

They gaue him wine to drinke mingled with myrrhe, but he received it not, Mark. 15. 23. Christ would not drinke this cup mingled with myrrhe (for it intoxicated the braine) that he might be sensible of the paine which he was to suffer for us. It is a great judgement to be beaten and not to feele it, Prov. 23. 35. The Lord who went willingly to death, did willingly drinke the cuppe of Gods wrath for us; and therefore he was unwilling to drinke this cuppe, which would haue made him sense­lesse of the paine.

They gaue him hyssope in stead of wooll which should haue mitigated his paine, the tender mercies of the wicked are cruell. Prov. 12. 10.

Christ suffered in all his senses, in his tast, they gaue him veneger mixed with gall; in his feeling, whereas they should haue applied soft wooll, and bound up his wounds, & mitigated his paine, they applied but hysope so in his hearing, he heard their bitter mockes and scof­fing. And as he felt the grievous paine of the crosse in all his senses, so the wicked shall suffer the paines and torments of hell in all their senses.

The conclusion of this is, sin is sweet in the beginning, but bitter in the end; Adam did eate asweet fruit, but Conclusion. here is vineger and gall a bitter potion offered to Christ for it; the lippes of a strange woman drop as an hony combe, and her mouth is smoother then oyle, but her end is bitter as wormwood, sharpe as a two-edged sword, Pro. 5. 3.

They giue him hysope; hysope was the last purgati­on and sprinkling when the leper was brought into the Campe againe: and David alludeth to this, Psal. 51. wash mee with hysope. So Christs death must purge us from all our sinnes, and bring us into the societie of the Saints of God, that there we may dwell for ever.

CHAPTER XLIII. Of their VVarres.

FIrst let us consider in their warres, the time when they went to battell; secondly, the manner how they pitched about the Tabernacle; thirdly, the manner how they marched when the Camp removed; fourthly, the Proclamation made to them at their re­moving; fiftly, the conditions of peace offered to the e­nemie; sixtly, what they did before they joyned bat­tell; and lastly, the song which they had after the vic­torie.

First, what time they entred to be Souldiers? the The time that thev en­tred to be Souldiers. Levites entred to their Ministery when they were thir­tie yeares, Num. 4. 42. But the Souldiers entred when they were twentie yeares, and they left off when they were fiftie; none went to the warres but they who pay­ed the halfe she kell; the Levites were exempted, be­cause they served the Lord in the Tabernacle, they nei­ther payed this halfe shekell, nor yet went to the warres. Women likewise were exempted, She that tarrieth at home, divideth the spoyle, Psal. 63. 12. So were the weake, sicke, and infirme, the yong, and the old under twentie and aboue fiftie; so the captiues, and Idolaters, all these were exempted, none of them payed the halfe shekell, or went to the warres.

Secondly, when they pitched about the Tabernacle, they pitched their Tents with their faces towards it, Num. 2. 2. because of the respect that they carried to it. [Page 157] They pitched round about the Tabernacle when they rested in their Tents; and David alludeth to this, Psal. 76. 11. Let all that be about him, bring presents unto him that ought to be feared; there were three Tribes vpon e­very quarter; Iuda, Issachar, and Zabulon upon the East; Ruben, Simeon, and Gad upon the South; Ephraim, Ma­nasse, and Benjamin upon the West; Dan, Asher, and Nephthali upon the North, Num. 23. 10. Who can num­ber the fourth part of Israel? Here is an allusion to the Campe as it was divided in foure quarters.

There were three Tribes on every quarter, and a space betwixt them and the Tabernacle, and Moses and Aa­ron and the Priests upon the East; the Coathites upon the South; the Gersonites upon the West; and the Merarites upon the North; these lay betwixt the Tribes and the Tabernacle to watch the holy place; So betwixt Gods throne and the foure and twentie Elders compassing it, were foure living creatures full of eyes, Rev. 6. 10.

In the first place Iudah pitched and removed first, The priviled [...]e. Iud [...]h. Iudah got the first place, of him the Kings were to come, he marched first, he sacrificed first, Numb. 7. 12. Iudah gaue a Lyon in his Colours. Themistocles said, it was better to haue a Lyon to be a Captaine to a com­pany of Harts, than to haue a company of Lyons and a [...] Catulus leo [...] Leo [...] v [...]s. [...] Leo cord t [...]s. Hart to be their Captaine: The Lyon is first [ Gur] Ca­tulus Leonis; then he is [ Cephir] cum incipit praedari, when he beginneth to catch the prey, and then he is [ Labhi] when he groweth old. First, Iudah was the Lyons When Iudah was the Lyons whel [...], h [...] Lyon, and the [...]ierce Lyon. whelpe in Ioshuah's time, Iosh. 1. when they went out first to Conquer the Land; then he was Cephir in Da­vids time; and thirdly, he was [ Labhi] Cordatus Leo in Salomons time.

And in placing of these Tribes, ye shall obserue that alwayes wit [...] [...]he feebler Tribes there is a warre-like and a couragious Tribe placed, as with Issachar and Za­bulon [Page 158] two feeble Tribes, Iudah is placed; Issachar was A warrelike Tribe pla­ced with the more fee­ble. dull like the Asse, and loved to co [...]tch betweene two bur­dens, Gen. 49. 14. So Iudg. 15. 16. Why abodest thou a­mongst the sheep-folds, to heare the bleating of the flockes [...] Sibilare. ( or delighting to whistle by the flockes) having no minde to helpe thy brethren in the warres. Zabulon had no skill in the warres, he dwelt by the Sea-side, and gaue himselfe onely to shipping, therefore Iudah was joyned to helpe these two weake Tribes; so in that vision, Esa. 21. 7. The Asse and the Camell are joyned together; the Camell signifying the Medes, the more generous people, and the Asse the Persians, the more dull people.

In the second companie was Ruben, Simeon, and Gad; Ruben unstable as water, Gen. 49. 4. So Simeon a weake Tribe divided in Iacob and scattered in Israel, Gen. 49. 7. now to helpe these they had the warre-like Tribe of Gad joyned with them, Gen. 49. 19. Gad jedud jeguden­nu [...] Elegans paranoma [...]ia. vehu jagud gnakabh, Gad a troupe shall overcome him, but he shall overcome at the last: the men of Gad, were mightie men of warre, and had faces like Lyons, 1 Chron. 12. 8.

In the third companie were Ephraim, Manasse, and Benjamin, and Ephraim the most warrelike of the three, Ephraim had skill to handle the Bow, Psal. 78. 9. but Ben­jamin was [ Ittorjad] he could sling with both the hands. [...] Ambidexter. 1 Chron. 12. 2.

In the fourth companie were Dan, Asser, and Neph­thali; and of these three, Dan was the most valiant: Zabulon and Nephthali were a people that jeoparded their liues unto the death, Iudg. 5. 18. but Dan was their Cap­taine, he came in to saue the taile of the hoast, and he was called the gathering hoast; and the Lord alludeth to this forme, Esa. 51. 11. I will goe before you and gather you in: they left none of the weake behinde them, Num. 12. 15. and Miriam was shut out of the Campe seven [Page 159] dayes for Leprosie, and the people journeyed not, till Miriam was brought in againe: David alludeth to this, Psal. 27. 10. Though my father and my mother should for­sake me, yet thou wilt gather me up: Amalek cut off the taile of the Host, Deut. 25. 17. these are called the hind most of the Host, Iosh. 10. 19.

Every one of these quarters had their Captaine, and Every one of the Quar­ters had their Captaine he was the wisest and most couragious, for strength and counsell are for the warres, Prov. 10. 5. 2 Sam. 23. 8. the Tachmonite, for his wisedome is [ Ioshebeang] he sat in the Councell, and for his valour and courage he is called Hadino the Eznite, that is, who delighted to lift up the speare; young and rash youths are not fit to be Cap­taines, such as was Alexander the Great, who ran vio­lently Quando animali additur geniti [...]us famini [...]s plu­ralis, tu [...] significatur a­nimal illud teuer [...] esse, Gen. 38. 7. rather thorow the world, than by skill or wise­dome, therefore Dan. 8. 21. he is called Hircus capra­rum, that is, a young Goat.

There were foure memorable things to be observed in this Campe; first, their order; secondly, their clean­linesse, thirdly, Salus castrametantium; and lastly, how the Lord provided meat and cloath for them.

First, the order that was in this Campe; this was A­cies The order of this Campe. benè ordinata, and God who is the God of order and not of confusion set them in this order. Balaam saw this when he said, Num. 24. 5. How goodly are thy Tents, O Iacob, and thy Tabernacles O Israel. As the vallies are they spread forth, as Gardens by the River side, as the trees of Lign-aloes, which the Lord hath planted, and as Cedar trees beside the waters.

Secondly, Mundities, the cleanenesse and nea [...]nesse of this Campe, for the Lord commanded them when they were to ease nature to goe without the Campe, and to take a padle with them, and dig in the ground to cover their excrements. Deut. 23. 12.

[...] [Page 159] [...] [Page 160] Thirdly, Salus castrametantium, there was none feeble in their Tribes, Psal. 105. 37. and pes tuus non fuit fermen­tatus, thy foote did not swell these fortie yeares, Deut. 8. 4.

Fourthly, the Lord provided well for this Campe, The Lord provided meat and cloths for this Campe. both meat and cloths; meat, He rained downe Manna from the heavens, and fed them with the bread of Angels, and for their clothes they waxed not old, Deut. 8. 4. And it is most probable that their cloaths did grow with them as they grew, & their shoes waxed not old upon their feete, Deut. 29. 5. Their shoes did grow with their feet, [...] noninve­terârunt. and it seemeth that the childrens clothes were made of the clothes of them who died.

The foure Captaines pitched their Tents at the foure corners of the Campe, Iudah pitched in the Northeast corner; Ruben in the Southeast; Ephraim on the South­west; and Dan on the Northwest corner. Num. 2. 2. E­very man of the children of Israel shall pitch by his own stan­dard, with the Ensigne of their fathers house, farre off about the Tabernacle of the Congregation shall they pitch.

‘Returne, O Lord, unto the many thousands of Israel. Num. 10. 36.’

WEST.

quasi prim [...] Genti [...]auri vu [...]h ritudo [...]u [...]

Ephraim

Duo fi [...] tui &c. mei erunt.

Manasses

Lupus Rapax.

Beniamin

fi [...]t cosuber in [...]. Ce [...]stes in semita.

Dan

Gad A [...]cinotus p [...]siabi [...] tar.

Gad

gersonitae

Meraritae.

Non est Deus ui Deus. Jeshurun.

Asser

SOVTH.

NORTH.

Diuidam eos in Ia [...]ob et disperdam eos in israel

Simeon

Coathitae

Moses Aron et Saserdotes

Dans esoquia pulchritu [...]inis.

N [...]y.

Essus es Sicut aqua

Ruben

in littore maris [...]ebitabis

Zabuson

Accumbeus inter Terminos

Issacher

[...]a [...]u [...]us [...]eonis

[...]th

EAST.

‘Rise up, O Lord, and let thine enemies be scattered, Num. 10. 35.’

[Page 162] When they arose to march they spread their Colours, and they said, Vexillabimus in nomine Dei nostri, in the [...] Ve [...]illis utamur in nomi­ne Dei nostri. name of our God we will set up our Banners, Psal. 20. 5.

They had their Colours, their Ensignes, and their Motto's.

First, their Colours; their Colours were according Their Colours were answerable to the stones in Aarons brestplate. to the Colours of the stones in the breastplate of Aaron: Iudah gaue a greene Colour like the Smarag: Ruben a red Colour like the Sardius; Ephraim a golden Colour like the Chrysolite; Dan gaue partie coloured of white and red like the Iasper.

Their Ensignes were; first, Iudah gaue a Lyon; Ru­ben In their Ensignes they had the Emblems of Beasts. the head of a man, because he was the first borne, and the head of the familie; Ephraim gaue the head of an Oxe, because he was the sonne of Ioseph, who was cal­led Bos Dei, Deut. 33. 17. His glory is like the firstling of his Bullocke; and Dan gaue an Eagle in his Colours, be­cause the Eagle is an enemy to Serpents, the Serpent should not be put in his Colours but the Eagle, an ene­my to the Serpent; Dan shall judge his people, Gen. 49. 16. Dan is a Lyons whelpe, he shall leape from Bashan. Here he is commended both for his wisedome and his strength, the Serpent doth not expresse these two well, but the Eagle doth expresse them very fitly.

Thirdly, their Motto, Iuda's Motto was this; Iuda is Their Motto's in their Ensi [...]nes were out of the Testament of Iacob, or of the song of Moses. a Lyons whelpe, Gen. 49. 8. Ruben had this, Vnstable like water, Gen. 49. 4. Ephraims Motto was, his glorie is like the firstling of his Bullocke, Deut. 33. 16. Dan had this Motto, he shall be a Serpent by the way, an Adder in the path, and so every one of the Tribes had their Mot­to.

The Lord as their Generall dwelt in the midst of their The Lord was their Generall. Campe, and his Ensignes were the Cloud and the pillar of fire; the Cloud to direct them by day, and the pillar by night, then he was the guide of their youth, Iere. 3. 4. [Page 163] The motto which they gaue him was this, Mi camocha [...] ba [...]lohim Iehova, quis sicut tu Iehova inter Deos; and hence they made the name of the Macchabees, Mem, Caph, Beth, Iod: and they were called Macbei at the first, and after­ward Macchabaei: and like unto this was that abbrevia­tion, Agla, attagnebher legnolam adonai, Tu fortis in aeter­num Domine.

When they marched, they kept not the same order Their marching was different from their pit­ching about the Taber­nacle. as when they pitched about the Tabernacle, for when they marched, Iuda, Issachar, and Zabulon went before; and the Gersonites and the Merarites next them set for­ward, bearing the Tabernacle, Num. 10. 17. In the se­cond place came Ruben, Simeon, and Gad, who lay upon the South; and next them came the Cohathites with the Arke, Num. 10. 21. After them Ephraim, Benjamin, and Manasse; and David alludeth to this, Psal. 80. 2. Be­fore Ephraim and Benjamin and Manasseh, stirre up thy strength, and come and saue us; he saith, before Ephraim, for when they carried the Arke Ephraim came behinde the Arke, and the Arke was before him, and when they rested, Ephraim was upon the West side of the Arke, which Num. 2. 18. is called [ jammah] the Sea-ward, be­cause [...] the Sea lay towards the West, so that the Arke both when they pitched and when they marched was ever before Benjamin, Ephraim, & Manasseh. In the last place came Dan, Asser, and Nephthali; Dan was in the Reareward of all their Camps throughout their Hosts, Num. 10. 25.

When they marched Ascendebant Chamusshim, Exod. The manner of their Marching. [...] 13. 18. Aquila & Symmachus, [...], qui quintam costam habebant cinctam, because they carried their sword at the fift rib, but Theodosion translateth it [...], they went fiue in rankes, when they marched they were said to be Accincti, Gen. 49. 19. Num. 32. 17. 1 King. 10. 11. And Salomon alludeth to this Prov. 30. [Page 164] 31. speaking of the horse girt in his loines, a warlike beast, fit for the battell, and contrary to this is discinctus when they lay aside their armour.

Thirdly, they made a Proclamation in the Campe, In their marching they made a Proclamation for foure sorts of peo­ple. that he who had built a new house, and had not dedica­red it, should goe backe: Secondly, if he had planted a Vineyard, and had not made it common, he should goe backe: thirdly, if he had betrothed a wife, and had not lien with her, he should goe backe: and fourthly, they cryed that all those who were fearfull and faint hearted should returne.

He who built a new house, and had not dedicated it, What new house was meant in this Procla­mation. he should goe backe, which they expounded thus, if he had built a new house, either for his dwelling, or for his Cattell, or his Corne, then he was to goe backe to it, but if he had built a new house for pleasure, and let it and taken hyre for it, then he was not to goe backe.

Secondly, if he had planted a Vineyard and had not made it common, then he was to goe backe; where there is an Allusion to that forme set downe in the Law, that the first three years after that a man had planted a Vine­yard, he might not eat of the fruits thereof, then the fourth yeare they were the Lords, and in the fift yeare they were made common, and then turned to the plan­ters owne use, and it was all one whether he planted the Vineyard, bought the Vineyard, or had gotten it by inheritance or by gift.

Thirdly, if he had betrothed a wife, and had not lien with her, whether shee had beene a maide or a widow, he was to returne home: and this Immunitie from the warres lasted for a whole yeare to those who were new married; but they say, if the high Priest had married a widow he was not exempted, so if an inferiour Priest had married a repudiate woman, or a common Israelite if he had married a bastard, then he was not exempted.

Fourthly, all those who were fearfull and faint-hear­ted, Qui mollis est corde, Hebraicè, he should returne, lest he make his brethrens heart faint also, Deut. 20. So all those who were guiltie of any crime were sent away, All that were knowne for notorious sinners, were discharged from the warres. for sinne alwayes makes a trembling and a faint heart, but the misery is now that the most lewd take them­selues to this calling, Psal. 68. 30. Rebuke the company of the spearemen, Hebraicè, rebuke the beasts of the reedes; the Lord accounteth those profane Souldiers for all their speares but like beasts amongst the reeds, there are few like unto the Centurion, or Cornelius, who haue good Souldiers.

Gideon made a Proclamation, Iudg. 6. Whosoever is Gideons Proclamation. fearefull, let him returne, and so there remained but ten thousand; and he tryed his Souldiers againe, and all that bowed downe to drinke he sent them away, & he tooke with him onely those who lapped like dogges, which were but three hundred.

Whether made he choise of these as the most coward­ly, Quest. or the most couragious?

It is commonly holden that they were the most cou­ragious Answ. who lapped like dogges, and lay not downe to glut themselues; but if we will looke to the Lords in­ [...]ention here, we shall see that the most feeble were kept here, and not the most couragious, for the Lord would not haue Israel to bragge here, and to say, Mine owne hand hath saved me▪ Iudg. 7. 2. The Lord would onely [...]aue the whole prayse of the Victory. Now whether made it more for the praise of God, when he overcame with a few c [...]wards, than if he had overcome with a number of valiant Souldiers: were not they most co­wardly, who durst not lie downe to take leasure to drinke? But ran and lapped as the dogs doe about Ni­lus; the Lord made choise of the most fearefull and co­wardly for his glorie; But Marcus Crassus amongst the [Page 166] Romans, caused to let bloud of the cowards, & he giues this to be the reason, that that bloud which they would not shed in defence of their Countrey, should now be shed to their disgrace and shame.

They had two sorts of warres; the first were bella There are two sorts of warres. spontanea, and the second was bella praecepti, new marri­ed men and those who planted a vineyard were exemp­ted from the first warre, but not from the second warre which was against the Canaanits, the Bridegroome was not exempted from this neither.

Fourthly, before they joyned battle with the enemy to destroy them or to sacke their Citie, they offered conditions of peace to the enemies that were not to be destroyed, if they sought peace of them; we haue one example, in the Cherethites, that were Davids guard; they were called Curetae by Virgil, Curetum allabimur oras: So they were called Cretenses, these came of the Phenicians or Philistins; Creta was a Colonie belonging to them, see Act. 27. 12. Phenice which is a haven of Creet. Deut. 20. 10. And the conditions were three espe­cially. First, that they should receiue the seven precepts of Noah: Secondly, that they should be tributaries to them; And thirdly, that they should bee servants to them.

The Moabites and Ammonites were still excepted Object. Deut. 3. 3. but Deut. 2. 9. distresse not the Moabites nei­ther contend with them in battle, how then shall wee re­concile these two places, when hee bids them not to seeke the peace of the Ammonite.

The reconciliation is this, thou shalt not seeke the Answ. peace of the Moabite or Ammonite, but if they seeke it of thee, then thou shalt not distresse them, nor contend with them in battell.

If they would not receiue the peace offered, then [...] Let him fl [...]e that wil [...] fl [...]e. they cryed, dedat se qui vult, fugiat qui vult, pugnet qui vult.

Before they joyned battell they comforted the Soul­diers [...] he that will haue peace, let him haue peace. [...] He that will make warre let him make warre. after this manner, trust in him who is the Saviour of Israel in affliction, Ier. 14. 8. this day thou fightest, pro confessione vnitatis divinae, quòd deus unus est, that thy God is one, therefore, thou mayest carrie thy life in thy hand securely, Iob. 13. 4. and thinke neither upon thy wife nor thy children, but put the care of them out of thy heart. And the Apostle allud [...]th to this, 2 Tim. 2. 4. Lam. 5. 9 in animae nostrae ferimus panem, id est, in perien [...] animae. so Psal. 119 animae mea in maenu mea. that he who goeth to the warres, entangleth not himselfe with the cares of this world. And they exhorted them to cast the care of their houses, wiues, children, and fami­lie upon the Lord, who will provide for them: 1 Sam. 25. 28. 29. The Lord will provide a sure house for my Lord the King, because he fights the battles of the Lord, and his soule shall be bound up in the bundle of life.

When they marched neerer their enemie, they rai­sed What they did when they were at the shocke of the battell. the dust with their feete which was the neerest signe of warre: and Christ alludeth to this forme Mat. 10. When you come into a house offer your peace, and if they re­fuse it, shake off the dust of your feete, and let your peace re­turne to your selfe: when the enemies were overcome, they fell downe at the Conquerours feete, and seemed to licke the dust under his feete, Psal. 18.

And so they used to cast a fire-brand within the e­nemies land, and the Prophet Obadiah alludeth to this, vers. 18. there shall not one be left aliue in the house of E­sau, the Seventie translate it [...], that shall carrie a fire-brand. Such were those faeciales amongst the Ro­manes, who threw a speare into the enemies land in de­fiance of the enemie.

After the victory they divided the spoile, and then they sung [...], or carmen triumphale.

It was their manner after the victory to sing a song of When the song of try­umph was sung. praise, as Moses and Miriam did, Exod. 15. so Barak and Deborah, Iudg. 5. so David after he had conquered all [Page 168] his enemies sang the eighteenth Psalme, so Revelation 19. when all the enemies of the Church shall bee sub­dued, they shall sing a song of praise to the Lambe who sit­teth upon the throne.

The women especially did sing this song, and there­fore The women did sing the for [...] of victorie. Psal. 68. 11. it is said, great were the company, [ham­mebhassheroth,] of those that published it, in the faemi­nine gender, of the women that published it.

In this song of victory the King is commended, that he ascended on high, and led captivitie captiue, and received gifts or ransomes from the captiues, Vers. 18. And the A­postle applieth this to Christs victory over all his ene­mies, he ascended on high, and gaue gifts to men, Ephe. 4. 8. And in this song of victory, they sung this Carmen ama­baeum, a song by intercourse, I will bring againe from Ba­san, I will bring my people againe from the depths of the Sea, Vers. 22. They remembered these two deliveran­ces in all their songs of thankesgiving for deliverance: first, how the Lord delivered them out of the red Sea; and secondly, that deliverance from Og King of Bashan when he came against them.

That song of Deborah, Iudg. 5. first, containeth a praise The subject of Debo­rabs song. to God, who gaue the victory. Secondly, it maketh mention of the instruments which he used in this victo­ry, as the starres. Thirdly, it condemneth those who would not come, as Merosh: and fourthly, it commen­deth those who came willingly. And lastly, a prayer against the enemies of the Church, Vers. 28.